U.P.

LAW BOC CRIMINAL LAW II CRIMINAL LAW

CRIMINAL LAW II
CRIMINAL LAW

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a. Treason by a Filipino citizen - can be

II. CRIMES UNDER THE committed outside of the Philippines.
REVISED PENAL CODE b. Treason by an alien - must be
committed in the Philippines.
A. CRIMES AGAINST NATIONAL 4. Treason is a continuing offense – It is of
SECURITY AND THE LAW OF such a nature that it may be committed by
NATIONS [ARTS. 114-123] one single act, by a series of acts, or by
several series thereof, not only in a single
These crimes may be prosecuted although the time, but in different times, it being a
criminal act or acts were committed outside of continuous crime. [People v. Victoria, G.R.
Philippine territorial jurisdiction. No. L-369 (1947)]

This is one of the instances where the RPC Elements

may be given extraterritorial application Mode 2:
under Article 2 (5) thereof. However, Mode 1: Adherence to the
prosecution can proceed only if offender is: Levying War Enemy and Giving
a. Within Philippine territory, or [AWLAT] of Aid and Comfort
b. Brought to the Philippines pursuant to an [AWAG]
extradition treaty. 1. Offender is a Filipino or Resident alien
owing Allegiance to the Government of
General rule: Almost all of these are crimes the Philippines
committed only in times of war. 2. There is a War in which the Philippines
is involved
Exceptions: Offenses that can be committed 3. The offender 3. Offender Adheres
in times of peace: Levies war to the enemies
a. Espionage [Art. 117] – This is also covered against the and Gives them
by Commonwealth Act No. 616 which government aid or comfort
punishes conspiracy to commit espionage. 4. There must be
b. Inciting to War or Giving Motives for an actual
Reprisals [Art. 118] – This can be committed Assembly of
even if the Philippines is not a participant. men; and
c. Violation of Neutrality [Art. 119] – The 5. It is for the
Philippines is not a party to an on-going war. purpose of
executing a
1. Chapter I: Crimes against Treasonable
design by force
National Security [REYES]

a. Article 114 - Treason Allegiance

GENERAL CONCEPTS:
1. Treason – breach of allegiance to a
government, committed by a person who
owes allegiance to it [U.S. v. Abad, G.R. No.
976 (1902)]
2. Two (2) Modes of Commission [LA]:
a. Levying War
b. Adherence to the Enemy and Giving of
Aid and Comfort
3. Place of Commission
Obligation of fidelity and obedience which the
individuals owe to the government under which
they live or to their sovereign, in return for the
protection they receive. [REYES, citing 52 Am.
Jur. 797].
Allegiance can be [Laurel v. Misa, G.R. No. L-
409 (1947)]:
a. Permanent – obligation of fidelity and
obedience which a citizen or subject owes
to his government or sovereign.

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b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art. 114,
obedience which a resident alien owes to par.2, RPC]
his government. 1. Testimony of at least two witnesses to the
same overt act; or
Adherence 2. Confession of accused in open court.
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors The Two-Witness Rule
sympathies or convictions. [Cramer v. US, 65 The testimony of two witnesses is required to
Sup. Ct. 918 (1945)] prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Aid or Comfort Each of the witnesses must testify to the whole
An act which strengthens or tends to overt act; or if it is separable, there must be two
strengthen the enemy and an act which witnesses to each part of the overt act. [People
weakens or tends to weaken the power of the v. Escleto, G.R. No. L-1006 (1949)]
traitor’s country to resist or to attack the enemy.
[Cramer v. US, supra] Adherence may be proved [ONC]:
1. By One witness;
5. The overt act of aid and comfort to the 2. From the Nature of the act itself; or
enemy must be intentional. [Id.] 3. From the Circumstances surrounding the
act. [People v. Adriano, G.R. No. L-477
Acts not constituting treason (1947)]
6. “Commandeering" of women to satisfy the
lust of Japanese officers or men or to Aggravating Circumstances
enliven the entertainments held in their Aggravating Circumstances
honor. Sexual and social relations with the Not Allowable/
Japanese did not directly and materially Inherent
tend to improve their war efforts or to Allowable [ICAG]
Circumstances
weaken the power of the US. [People v. [EAT]
Perez, supra.] 1. Ignominy 1. Evident
7. Acceptance of public office and discharge of 2. Cruelty premeditation
official duties under the enemy [People v. 3. Amount or 2. Abuse of Superior
Sison, P.C. 42 O.G. 748] degree of aid strength
4. Gravity of 3. Treachery [People
As to the treatment of common crimes separate distinct v. Roble, G.R. No.
connected with the charge of Treason acts of treason L-433 (1949)]
General Rule: When the killings and other [REYES]
common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as Defenses Against Treason
separate crimes, or (b) as complexed with Defenses against Treason
treason. Acceptable [DL] Unacceptable [SL]
1. Duress or 1. Suspended
Exception: The rule would not preclude the uncontrollable allegiance and
punishment of murder or other common fear [El Pueblo change in
crimes, if the prosecution should elect to de Filipinas v. sovereignty
prosecute the culprit specifically for these Bagalawis, [Laurel v. Misa,
crimes, instead of relying on them as an G.R. No. L-262 G.R. No. L-409
element of treason. [People v. Prieto, G.R. No. (1947)] (1947)]
L-399 (1948)] 2. Lawful 2. Loss of
obedience to a citizenship by the

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de facto mere joining of Rationale: There are persons who conspire to

Government army of the commit treason and the offender knew this and
[Go Kim Cham enemy [People v. failed to make the necessary report to the
v. Valdez, G.R. Manayao, G.R. government within the earliest possible time.
No. L-5 (1945)] No. L-322 (1947)] [REYES]

Punishment
b. Article 115 – Conspiracy and ● Punishment imposed is as an accessory to
Proposal to Commit Treason treason.
● However, the offender is still a principal to
the crime of misprision of treason. Hence,
Elements
Art. 20 of the RPC which provides for
Conspiracy to Proposal to
accessories who are exempt from criminal
commit Treason commit Treason
liability does not apply in this case. [REYES]
[WaTLAD] [WOnLAP]
1. There is a War in which the Philippines is
Misprision of Treason v. Treason
involved
Misprision of
2. At least two 2. At least one
persons agree to: person decides to Treason Treason (Art. 114)
(Art. 116)
a. Levy war a. Levy war
against the against the As to the Offender
government; government; Offender is a Filipino Offender is a Filipino
or or Citizen or Resident alien
b. Adhere to the b. Adhere to the owing Allegiance to
enemies, enemies, the Government of the
giving them giving them Philippines
aid or comfort aid or comfort
Acts Punished
3. They decide to 3. That person What is punished is What is punished is
commit it proposes its the concealment or the act of:
execution to failure to disclose of a (1) levying war; or
other persons conspiracy to commit (2) adherence to the
treason enemy and the giving
of aid and comfort
The two-witness rule does not apply because Since the provision
this is a separate and distinct offense from that speaks only of
of treason. [US v. Bautista, G.R. No. L-2189 “knowledge of any
(1906)] conspiracy”, it
presupposes that the
c. Article 116 – Misprision of Treason crime of treason is
not yet consummated
Elements [CCC]: [REYES]
1. Offender is a Citizen of the Philippines As to the Penalty
2. He has knowledge of Conspiracy to commit
Penalty is equivalent Principal offender is
treason against the government
to that of an punished by prision
3. He Conceals or does not disclose and make
accessory to treason mayor to death and
known the same as soon as possible to the
shall pay a fine not to
governor or fiscal of the province in which
exceed P20,000
he resides, or the mayor or fiscal of the city
pesos
in which he resides

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Other distinctions between Mode 1 and

d. Article 117 – Espionage Mode 2
Mode 1 Mode 2
Punishable Acts [Two (2) Modes] [ED]
As to the Offender
1. By Entering, without authority therefor, a
warship, fort, or naval or military Offender can be any Offender should be a
establishment or reservation to obtain any person who has no public officer
information, plans, photographs, or other authority to obtain
data of a confidential nature relative to the information, plans,
defense of the Philippines etc.
2. Disclosing by public officer of confidential As regards the information
information to a foreign representative
Information need not Articles, data or
Elements be obtained. The information of
Mode 1: Mode 2: intention to obtain confidential nature are
Entering without Disclosing by information is disclosed.
Authority a Public Officer sufficient.
[EAPD] [PPD]
1. Offender Enters a 1. That the offender is Espionage v. Treason
Warship, Fort, or a Public officer; Espionage (Art. 117) Treason (Art. 114)
Naval or Military 2. That he has in his
Establishment or Possession the As to the Offender
Reservation; articles, data or Offender can be a citizen or an alien
[WaFoNaMER] information of a
2. He has no confidential nature When committed
Authority; relative to the May be committed Committed only in
3. His Purpose is to defense of the both in times of war times of war
obtain Philippines, by and in times of peace
information, reason of the public
How committed
plans, office he holds;
photographs or 3. That he Discloses May be committed in Limited to two (2) ways
other data of a their contents to a many ways of:
confidential representative of a a. Levying of war; and
nature foreign nation. b. Adhering to the
4. What is sought to enemy giving him
be obtained is aid or comfort
relative to the
Defense of the SECTION 2. PROVOKING WAR AND
Philippines. DISLOYALTY IN CASE OF WAR

e. Article 118 – Inciting to War or

Giving Motives for Reprisals

Elements [UPE]:
1. Offender performs Unlawful or unauthorized
acts
2. The acts:

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a. Provoke or give occasion for a war h. Article 121 – Flight to Enemy’s

involving or liable to involve the Country
Philippines; or
b. Exposure of Filipino citizens to reprisals Elements [WAAP]:
on their persons or property 1. There is a War in which the Philippines is
involved
f. Article 119 - Violation of Neutrality 2. Offender owes Allegiance to the
government
Elements [WRV] 3. Offender Attempts to flee or go to enemy
1. There is War in which the Philippines is not country.
involved 4. Going to the enemy country is Prohibited
2. There is a Regulation issued by a by competent authority
competent authority to enforce neutrality
3. Offender Violates the regulation NOTES:
● Aliens may be Guilty - The allegiance
g. Article 120 – Correspondence with contemplated in this article is either natural
Hostile Country or temporary allegiance. [REYES]
● Mere Attempt Consummates the felony
Elements [WC-PCU]: when prohibited by competent authority
1. There is War in which the Philippines is not consummates the felony. [REYES]
involved
2. Offender makes Correspondence with an SECTION 3. PIRACY AND MUTINY ON THE
enemy country or territory occupied by HIGH SEAS
enemy troops
3. The correspondence is either – i. Article 122 – Piracy in General and
a. Prohibited by the government, or Mutiny on the High Seas or in
b. Carried on in Ciphers or conventional Philippine Waters
signs; or
c. Containing notice or information which Elements of Piracy
might be Useful to the enemy Mode 1: Attacking
or seizing the Mode 2: Seizing
Qualifying Circumstance for (c): vessel the cargo [VNSI]
If the offender intended to aid the enemy by [VCASI]
giving such notice or information, the penalty 1. The Vessel is on the high seas or
will be the same as that for treason. Philippine waters
2. Offender may be 2. Offenders are
Correspondence a Complement or Neither members
This is communication by means of letters passenger of the of its complement
which pass between those who have friendly or vessel nor passengers of
business relations. the vessel
● Even if the correspondence contains 3. The Offenders 3. Offenders are
innocent matters, if the correspondence Attacks or Seizes Neither members
has been prohibited by the Government, it the vessel of its complement
is punishable. nor passengers of
● Prohibition by the Government is not the vessel
essential in instances (b) and (c). [REYES] 4. There is Intent to gain

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High Seas 2. Whenever the pirates have Abandoned

The parts of the seas that are not included in
the exclusive economic zone, in the territorial
seas, or in the internal waters of a state, or in
the archipelagic waters of an archipelagic
state. [Convention on the Law of the Sea]
Jurisdiction
The jurisdiction of piracy unlike all other crimes
has no territorial limits. Pirates are in law
hostes humani generis. Piracy is a crime not
against any particular State but against all
mankind. It may be punished in the competent
tribunal of any country where the offender may
be found or into which he may be carried.
[People v. Lol-lo and Saraw, supra.]
their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by
Murder, Homicide, Physical injuries or
Rape
This is a special complex crime, regardless
of the number of victims. [People v. Siyoh,
G.R. No. L-57292 (1986)]
“Pirates”
It seems as if “pirates” in paragraph 2 should
actually be in paragraph 1 because in
paragraph 1, the mutineers, being already in
the vessel, cannot seize the vessel by boarding
or firing upon the same. [REYES]

Mutiny
Mutiny is usually committed by the other B. CRIMES AGAINST THE
members of the complement and may be FUNDAMENTAL LAWS OF THE
committed by the passengers of the vessel. STATE [ARTS. 124 - 133]
[REYES]
1. Chapter I: Arbitrary Detention or
Piracy v. Mutiny [REYES] Expulsion, Violation of Dwelling,
Piracy Mutiny
Prohibition, Interruption, and
As to the Attacker
Dissolution of Peaceful Meetings and
Persons who attack Persons who attack Crimes Against Religious Worship
the vessel or seize the vessel or seize
its cargo are its cargo are
SECTION 1 – ARBITRARY DETENTION OR
strangers to said members of the
EXPULSION
vessels crew or passengers
As to necessity of intent to gain
Intent to gain is Intent to gain is not a. Article 124 - Arbitrary Detention
essential essential. The
offenders may only Arbitrary Detention [Art. 124, RPC]
intend to ignore the Any public officer or employee who without
ship’s officers or legal grounds detains a person.
they may be
prompted by a Elements [PWD]:
desire to commit 1. Offender is a Public officer or employee
plunder. 2. He Detains a person
3. Detention is Without a legal ground;
detention is without legal ground if not made
j. Article 123 – Qualified Piracy under the following circumstances [CIA]:
a. Upon the Commission of a crime;
Qualifying Circumstances [B-FA-MHPR]: b. Violent Insanity; or
1. Whenever the vessel is seized by Boarding c. Any other Ailment requiring compulsory
or Firing upon the same; confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]

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Public officer or employee valid warrantless arrests under Sec. 5,

The public officers must be vested with Rule 113 [REYES]
authority to detain or order the detention of
persons accused of a crime (i.e. policemen and b. Article 125 - Delay in the Delivery
other agents of the law, the judges or mayors of Detained Persons to the Proper
and barangay captains). [Milo v. Salanga, G.R. Judicial Authorities
No. L-37007, (1987)]
Elements [PDF-12-18-36]:
Detention
1. Offender is a Public officer or employee
Refers to the actual confinement of a person in
2. He Detains a person for some legal ground
an enclosure, or in any manner detaining and
(includes valid warrantless arrests)
depriving him of his liberty [People v. Flores,
3. He Fails to deliver such person to the proper
G.R. No. 116488, (2001), citing People vs.
judicial authorities within –
Gungon, G.R. No. 119574 (1998)].
a. 12 hours for light penalties
b. 18 hours for correctional penalties
It can refer to both physical and psychological
c. 36 hours for afflictive or capital penalties
restraint [People v. Fabro, G.R. No. 208441
(1998)].
Delivery
It may also mean constructive delivery (e.g.,
Periods of Detention Penalized:
by the filing of the correct information with the
More proper court) or the turning over the person
More
than 15 arrested to the jurisdiction of the court. The
than 3
Has not days Exceede purpose is to determine whether the offense is
days but
exceeded but not d6 bailable or not. [Sayo v. Chief of Police, G.R.
not more No. L-2128 (1948)]
3 days more months
than 15
than 6
days When a Judge is not Available
months
Where a judge is not available, the arresting
Arresto Prision Prision Reclusion officer is duty bound to release the person
Mayor in Correcion Mayor temporal detained, if the maximum hours for detention
its al in its provided under Art. 125 of the RPC have
maximum medium already expired. [Albior v. Auguis, A.M. P-01-
period to period 1472 (2003)]
prision and
correcional maximum Period to Deliver
in its periods. General Rule: Delivery should be made within
minimum 12, 24, or 36 hours, depending on the
period imposable penalty

NOTES: Exception: For those charged with or is

suspected of terrorism or conspiracy to commit
1. Minimum period for arbitrary detention
terrorism, applicable period is 3 days (Sec. 19,
– Art 124 does not fix the minimum period
of detention [US v. Braganza, G.R. No. L- R.A. 9372).
3971].
Computation of periods
2. Arbitrary detention may be committed
through imprudence [People v. Misa, An election day or special holiday, should not
G.R. No. 93485, (1994)] be included in the computation of the period
3. Usual Cause of Arbitrary Detention – prescribed by law for the filing of
Arrest without a search warrant, except

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complaint/information in courts in cases of a. Service of the notice of the judicial or

warrantless arrests, it being a ‘no-office day’
[Soria v. Desierto, GR No. 153524 (2005),
citing Medina v. Orozco, G.R. No. L-26723
(1966)]
Circumstances considered in determining
the liability of the offender [MH-OTI]
1. Means of communication;
2. Hour of arrest; and
3. Other circumstances such as:
a. Time of surrender;
b. Material possibility for the fiscal to make
the Investigation file in time the
necessary information [Sayo v. Chief of
Police, G.R. No. L-2128 (1948)]
Waiver of the Provisions of Article 125
Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with Rule 112 of
the Revised Rules of Criminal Procedure, but
he must sign a waiver of the provisions of
Article 125 of the RPC in the presence of his
counsel. [Rule 112, Sec. 7 par.2]
Arbitrary Detention vs. Delay in Delivery
Arbitrary Delay in Delivery of
Detention (Art. Detained Persons
124) (Art. 125)
executive order for the release of the
prisoner or detention prisoner;
b. Performance of such judicial or
executive order for the release of the
prisoner or detention prisoner; or
c. Proceedings upon a petition for the
release of such person
Wardens and jailers are the public officers
most likely to violate Article 126 [REYES, Book
2, p. 63].
d. Article 127 – Expulsion
Elements [P-EC-N]:
1. Offender is a Public officer or employee
2. He either:
a. Expels any person from the Philippines;
or
▪ Can be committed only against an
alien [AMURAO]
b. Compels a person to change residence
▪ Can be committed against either
aliens or Filipino citizens (Id.)
3. Offender is Not authorized to do so by law
NOTE: Only a court, by final judgment, can
compel a person to legally change his
residence [Villavicencio v. Lukban, (1919)].

No warrant of No warrant of arrest, SECTION 2 - VIOLATION OF DOMICILE

arrest BUT arrest was made
with legal ground/s. e. Article 128 – Violation of Domicile

From the The detention is legal Elements [PN-ESR] :

beginning, the in the beginning, BUT 1. Offender is a Public officer or employee
detention is illegal the illegality of the 2. He is Not authorized by judicial order
detention starts from 3. He performed the following acts:
the expiration of any a. Entered the dwelling against the will of
of the periods the owner;
specified in Art. 125. b. Searched for papers or other effects
therein without the previous consent of
such owner; or
c. Article 126 - Delaying Release c. Refused to leave the premises, after
having surreptitiously entered such
Elements [P-DSPP]: dwelling and having been required to
1. Offender is a Public officer or employee leave the same.
2. Offender without good reason Delays the:

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Qualifying circumstances [N-Nr] [Art. 128, 2. Exceeding his authority or by using

(2), RPC]: unnecessary severity in executing a search
1. Nighttime; or warrant legally procured
2. Papers or effects not constituting evidence
of a crime are Not returned immediately Elements
after the search
Mode 1: Mode 2:
Procuring Search Exceeding
Mode 1 - Entrance to dwelling against the
Warrant Without Authority or
will of the Owner
Just Cause Using
● Dwelling – a building or structure,
[PSC] Unnecessary
exclusively used for rest and comfort
Severity in the
[REYES, Book 1]
Execution [PSE]
● Against the Will of the Owner -
presupposes opposition or prohibition by 1. Offender is a Public officer or employee
the owner, whether express or implied, and 2. He procures a 2. He has already
not merely the absence of consent Search warrant legally procured a
[REYES, Book 2] Search warrant
3. There is no just 3. He Exceeds his
Mode 2 - Search without previous consent Cause authority or uses
of owner unnecessary
● Search – the examination of a person’s NOTE: There is no severity in
body or property or other area that a person just cause when it executing the
would reasonably expect to consider as appears on the face same
private, conducted by a law enforcement of the affidavits filed
officer for the purpose of finding evidence in support of the
of a crime. application, or
● Silence of the Owner during the through other
Warrantless Search - may show implied evidence, that the
waiver. [REYES, Book 2] applicant had every
reason to believe
NOTES: that the search
● Inhabitant is Sufficient – although the warrant sought for
codes speaks of the owner of the premises, was unjustified
an inhabitant would be sufficient if he is the [REYES]
lawful occupant of the dwelling
[REGALADO]
● Not Authorized by Judicial Order - when
g. Article 130 - Searching Domicile
he is not armed with a search warrant duly Without Witnesses
issued by the court [Id]
Elements [PASO]:
f. Article 129 - Search Warrants 1. Offender is a Public officer or employee
2. He is Armed with search warrant legally
Maliciously Obtained and Abuse in
procured
the Service of those Legally 3. He Searches the domicile, papers or other
Obtained belongings of any person
4. The Owner, or any members of his family,
Two (2) Modes of Commission: or two witnesses residing in the same
1. Procuring a search warrant without just locality are not present
cause; or

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o Witnesses - must be of sufficient age others, any petition to the authorities for
and discretion residing within the same the
locality [Rule 126, Sec. 8, Rules of Court] ▪ Correction of abuses; or
▪ Redress of grievances
Rationale: Search in the presence of
witnesses specified by the law is mandatory to Disturbance of a Municipal Council Meeting
ensure regularity in the execution of the search Interrupting and dissolving the meeting of a
warrant [People v. Gesmundo, G.R. No. 89373 municipal council by a public officer is a crime
(1993)] against a legislative body, which is in violation
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
Crimes under Section Two - Violation of No. 18853 (1922)]
Domicile, Distinguished
SECTION 4 - CRIMES AGAINST RELIGIOUS
Search
WORSHIP
Warrants Searching
Violation of Maliciously Domicile
Domicile Obtained or Without i. Article 132 - Interruption of
(Art. 128) Abuse in its Witnesses Religious Worship
Service (Art. 130)
(Art. 129) Elements [PRD]:
1. Offender is a Public officer or employee
NO warrant A warrant is A warrant is 2. Religious ceremonies or manifestations of
is present. present, BUT: present, BUT any religion are about to take place or are
(1) warrant was there was a going on
maliciously defect in its 3. Offender prevents or disturbs the same
obtained; or (2) implementatio
there was n Qualifying circumstance:
abuse in its If the crime is committed with violence or
execution threats.

SECTION 3 – PROHIBITION, Actual Religious Ceremony Must be

INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
h. Article 131 - Prohibition,
Interruption and Dissolution of
Peaceful Meetings
Elements [OP - PHA]:
1. Offender is a public officer or employee
2. He Performs any of the following acts:
a. Prohibiting, interrupting, or dissolving,
without legal ground, the holding of a
peaceful meeting
b. Hindering any person from:
▪ Joining any lawful association; or
▪ Attending any of its meetings
c. Prohibiting or hindering any person from
Addressing, either alone or together with
Conducted
There must actually be a religious ceremony
being conducted on that occasion, either by
itself or in conjunction with some other activity
of the religious denomination. If the offense
was committed only in a meeting or rally of a
sect, it would be punishable under Art. 131.
[People v. Reyes, G.R. No. 13633 (1955)]
j. Article 133 - Offending the
Religious Feelings
Elements [PD - NO]:
1. Acts complained of were performed
a. In a Place devoted to religious worship,
or
b. During the celebration of any religious
ceremony

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2. The acts must be Notoriously Offensive to

the feelings of the faithful C. CRIMES AGAINST PUBLIC
ORDER [ARTS. 134 - 160]
“Place devoted to religious worship” is
separated by the word “or” from “During
the Celebration” 1. Chapter I: Rebellion, Coup
If the acts were performed in the place of d’etat, Sedition, and
worship, it is not necessary that there is a Disloyalty
religious ceremony going. Similarly, so long as
there is a “religious ceremony”, it need not be a. Article 134 - Rebellion or
celebrated in a place of worship. [REYES,
Insurrection
Book 2]
Elements: [PA-PRD]
Acts Notoriously Offensive to Feelings
1. There is a Public uprising
[RWP]:
2. There must be taking of Arms against the
1. Ridicules or makes light of anything
government
constituting religious dogma
3. The Purpose of the uprising or movement is
2. Works or scoffs at anything devoted to
to:
religious ceremonies
a. Remove from the allegiance to the
3. Plays with or damages or destroys any
government or its laws the Philippine
object of veneration of the faithful [People v.
territory or any part thereof, or any body
Baes, G.R. No. L-46000 (1939)]
of land, naval, or other armed forces; or
b. Deprive the Chief Executive or
Whether or not an act is offensive to the
Congress, wholly or partially, of any of
religious feelings is a question of fact which
their powers or prerogatives.
must be adjudged only according to the
feelings of the Catholics and not those of other
The crime of rebellion is consummated
faithful ones. [Id]
At the very moment a group of rebels rise
publicly and take arms against the government
Interruption of Religious Worship vs.
for the purpose of overthrowing the same by
Offending the Religious Feelings
force. [REYES, Book 2]
Interruption of Offending the
Religious Worship Religious Feelings
[Art. 132] [Art. 133] Principle of Absorption
All crimes, whether punishable under special or
As to the offender general law, which are mere components or
ingredients, or committed in furtherance
Public officer or Any person, whether thereof, become absorbed in the crime of
employee a public officer or rebellion and cannot be isolated and charged
private individual as separate crimes themselves. [People v.
[REGALADO] Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)]

The following does not constitute

Rebellion:
● Mere Silence or Omission [US v. Ravidas,
G.R. No. 1503 (1903)]
● Membership in a rebel organization does
not automatically qualify as rebellion. It must

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be conclusively demonstrated that criminal b. Article 134-A - Coup d’État

acts were committed in furtherance of
rebellion [People v. Lovedioro, G.R. No. Elements: [MSAS]
112235 (1995)] 1. Offender is a person or persons belonging
to the Military or police or holding any public
Rebellion v. Treason office or employment;
Rebellion (Art. 134) Treason (Art. 114) 2. It is committed by means of a Swift attack
accompanied by violence, intimidation,
The levying of war was threat, strategy or stealth;
The levying of war
meant to aid the 3. The attack is directed Against the duly
against the
enemy; or if it would constituted authorities of the Republic of the
government during
also constitute Philippines, or any military camp or
peace time for any
adherence to the installation, communication networks,
purpose mentioned in
enemy, giving him aid public utilities or other facilities needed for
Art. 134 and comfort the exercise and continued possession of
Mere adherence to the power;
Always involves taking 4. The purpose of the attack is to Seize or
enemy by giving aid
up arms against the diminish state power.
and comfort is
government.
sufficient
As to who commits the swift attack:
The purpose is merely ● It may be committed Singly or Collectively
to substitute the The purpose of levying ● It Requires as a principal offender a
government with the war is to help the member of the AFP, PNP, or a Public
rebels’ own form of enemy officer with or without civilian support
government
c. Art 135 - Penalty for Rebellion,
Rebellion v. Insurrection Insurrection or Coup d’état
Rebellion (Art. 134) Insurrection (Art. 138)
Persons liable for rebellion, insurrection or
A movement seeking to coup d’état
effect some change of 1. The leaders: [PL]
Object is to completely minor importance or to o Rebellion or Insurrection - any person
overthrow and prevent the exercise of who Promotes, maintains or heads a
supplant the existing governmental authority rebellion or insurrection; or
government with respect to o Coup d’etat - any person who Leads,
particular matters or directs or commands others to undertake
subjects a coup d’état
2. The participants: [PGSD]
Rebellion v. Sedition o Rebellion or Insurrection - any person
who Participates or executes the
Rebellion (Art. 134) Sedition (Art. 139) commands of others;
There must be taking It is sufficient that the o Coup d’etat:
up of arms against the public uprising be ▪ Any person in the Government
government. tumultuous. service who participates or executes
directions or commands of others; or
The purpose is always The purpose may be ▪ Any person not in the government
political. political or social. service who participates, Supports,
finances, abets or aids in undertaking
a coup d’état.

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o Rebellion, Insurrection or Coup d’etat e. Article 137 - Disloyalty of Public

– If under the command of unknown Officers or Employees
leaders, the following shall be Deemed
as leaders of the rebel: Those who Elements: [P-CFDA]
[DSS]: 1. Offender is a Public officer or employee;
a. Directed the others, 2. Offender Commits any of the following acts:
b. Spoke for others; or a. Failing to resist a rebellion by all the
c. Signed receipts and other documents means in their power;
issued in their name, on behalf of the b. Continuing to Discharge the duties of
rebels. their offices under the control of the
rebels
d. Article 136 - Conspiracy and c. Accepting appointment to office under
Proposal to Commit Coup d’état, them.
Rebellion or Insurrection The crime presupposes rebellion committed by
other persons. Offender must not be in
Punishable Acts: conspiracy with the rebels, otherwise, he is
1. Conspiracy to commit coup d’état, rebellion himself guilty of rebellion. [REYES]
or insurrection
2. Proposal to commit coup d’état, rebellion or f. Article 138 - Inciting to Rebellion or
insurrection Insurrection
Elements Elements: [AIM]
Mode 1: Mode 2: 1. Offender does not take Arms or is not in
Conspiracy to Proposal to Commit open hostility against the government;
Commit Coup Coup d’etat, 2. He Incites others to the execution of any of
d’etat, Rebellion or Rebellion or the acts of rebellion;
Insurrection Insurrection 3. The inciting is done by Means of speeches,
[TD] [SP] proclamations, writings, emblems, banners
1. Two or more 1. A person has or other representations tending to the
persons come to decided to Swiftly same end.
an agreement to attack or to rise
swiftly attack or publicly and take NOTE: There is no crime of inciting to treason.
to rise publicly arms against the [REYES, Book 2]
and take arms Government for any
against the of the purposes of Inciting to Rebellion v. Proposal to Commit
Government for rebellion or Rebellion
any of the insurrection; Proposal to Commit
Inciting to Rebellion
purposes of Rebellion
rebellion or As to the Commission of Rebellion itself
insurrection;
2. They Decide to 2. Such person The offender induces another to commit
commit it. Proposes its rebellion. Rebellion should not be actually
execution to some committed by the persons to whom it is
other person or proposed or who are incited. Otherwise, they
persons. become principals by inducement in the crime
of rebellion.
As to Decision to Commit the Rebellion

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The person who There is no need that b. To prevent the national government or
proposes has decided the offender has any provincial or municipal government
to commit rebellion. decided to commit or any public officer from Exercising its or
rebellion. his functions, or prevent the execution of
an administrative order;
As to How Committed c. To Inflict any act of hate or revenge upon
The person who The act of inciting is the person or property of any public
proposes the done publicly. officer or employee;
execution of the crime d. To commit, for any political or social end,
uses secret means. any act of hate or Revenge against
private persons or any social classes; or
e. To Despoil for any political or social end,
g. Article 139 – Sedition any person, municipality or province, or
the national government of all its
Elements: [PFP - PEIRD] property or any part thereof.
1. Offenders rise Publicly and tumultuously;
2. Offenders employ Force, intimidation, or Use of Unlicensed Firearm Absorbed
other means outside of legal methods; Under R.A. 8294 (Act Amending PD No. 1866
3. Purpose is to attain any of the following or the Firearms Law), sedition absorbs the use
objects: of unlicensed firearm as an element thereof;
a. To prevent the Promulgation or hence, it is not an aggravating circumstance,
execution of any law or the holding of any and the offender can no longer be prosecuted
popular election; for illegal possession of firearm. [Boado,
Comprehensive Reviewer in Criminal Law]]

Sedition v. Rebellion v. Coup d’ Etat v. Treason

Sedition Rebellion Coup d’etat Treason
(Art. 139) (Art. 134) (Art. 134-A) (Art. 114)
As to the Nature of the Crime
Crime against national
Crime against Public Order security and law of the
nations
As to the Purpose
Always political; to
May be political or overthrow the To seize or diminish
To aid the Enemy
social. existing state power
government-
As to the Acts Committed

There must be There is a swift attack It is the violation by a

It is sufficient that
taking accompanied by violence, subject of his
the public uprising
up of arms against intimidation, threat, allegiance
is tumultuous.
the government. strategy or stealth; to his sovereign.

As to the Offender

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Offender belongs to the

There is no distinction as to who may military or police or holding There is no distinction
commit any public office or as to who may commit
employment
As to Requirement of Public Uprising
Requires a public Requires a public No Requirement, may be
and tumultuous uprising, or carried out singly or No Requirement
uprising multitude of people simultaneously

2. He Incites others to the accomplishment of

h. Art. 140 - Penalty for sedition
Art. 140. Penalty for sedition. The leader of
a sedition shall suffer the penalty of prision
mayor in its minimum period and a fine not
exceeding 10,000 pesos.
Other persons participating therein shall
suffer the penalty of prision correccional in its
maximum period and a fine not exceeding
5,000 pesos. (Reinstated by E.O. No. 187).
i. Article 141 - Conspiracy to Commit
Sedition
Elements: [TD]
1. Two or more persons come to an
agreement and a decision to rise publicly
and tumultuously to attain any of the objects
of sedition;
2. They Decide to commit it.
NOTE: There is no proposal to commit
sedition. [REYES, Book 2]
j. Article 142 - Inciting to Sedition
Mode 1. Inciting others to the
accomplishment of any of the acts which
constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
Elements: [DIM]
1. Offender does not take Direct part in the
crime of sedition;
any of the acts which constitute sedition;
3. The inciting is done by Means of speeches,
proclamations, writings, emblems,
cartoons, banners, or other
representations tending towards the same
end.
Mode 2. Uttering seditious words or
speeches which tend to disturb the public
peace;
Mode 3. Writing, publishing, or circulating
scurrilous libels against the government or
any of the duly constituted authorities
thereof, which tend to disturb the public
peace.
Elements for Modes 2 and 3: [DU - DISL]
1. Offender does not take any Direct part in
the crime of sedition.
2. He Uttered words or speeches and writing,
publishing or circulating scurrilous libels
that:
a. Tend to Disturb or obstruct any lawful
officer in conducting the functions of his
office;
b. Tend to Instigate others to cabal and
meet together for unlawful purposes;
c. Suggest or incite rebellious
conspiracies or riots; or
d. Lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
Words that tend to create a danger of public
uprising

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If the words used tend to create a danger of b. Article 144 - Disturbance of

public uprising, then those words could Proceedings
properly be the subject of a penal clause.
[People vs. Perez, G.R. No. L-6025-26] Elements: (CA-DB)
1. There is a meeting of Congress or any of its
Crimes where Proposal to Commit is committees or subcommittees,
Punishable [ReCIT] constitutional commissions or committees
1. Rebellion or divisions thereof, or of any provincial
2. Coup d’ etat board or city or municipal council or board;
3. Insurrection 2. Offender does any of the following Acts:
4. Treason a. He Disturbs any of such meetings;
b. He Behaves while in the presence of any
Crimes where Conspiracy is Punishable such bodies in such a manner as to
interrupt its proceedings or to impair the
[TRICS]
respect due it.
1. Treason
2. Rebellion
Preventing a Meeting (Art. 143) vs Art.
3. Insurrection Disturbance of Proceeding (Art. 144)
4. Coup d’etat Acts tending to Disturbance of
5. Sedition prevent the meeting Proceedings
(Art. 143) (Art.144)
Crimes where Inciting is Punishable [RIS]
As to Purpose
1. Rebellion
2. Insurrection Disturb the conduct
Prevent the meeting
3. Sedition of a meeting
As to the Offender
Can be conducted by any person (no distinction
2. Chapter II: Crimes against made)
Popular Representation
SECTION 2. VIOLATION OF
PARLIAMENTARY IMMUNITY
SECTION 1. Crimes against Legislative
Bodies and Similar Bodies
c. Article 145 - Violation of
a. Article 143 - Acts Tending to Parliamentary Immunity
Prevent the Meeting of the
Two (2) Modes of Commission:
Assembly and Similar Bodies 1. Using force against a member of Congress
2. Arrest or Search made while Congress is in
Elements: [MP] session
1. There is a projected or actual Meeting of
Congress or any of its committees or Mode 1: Using force, intimidation, threats,
subcommittees, constitutional committees or frauds to prevent any member of
or divisions thereof, or of any provincial Congress from attending the meetings of
board or city or municipal council or board; Congress or of any of its committees or
2. Offender, who may be any person, Prevents subcommittees, constitutional
such meetings by: commissions or committees or divisions
a. Force; or thereof, or from expressing his opinion or
b. Fraud casting his vote;

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Elements: [UP - AEC] Art. 145, Mode 1, Using force to prevent vs

1. Offender Uses force, intimidation, threats Art. 143, Acts tending to prevent
or fraud; Acts Tending to
2. The Purpose of the offender is to prevent Violation of Prevent the
any member of Congress from: Parliamentary Meeting of
a. Attending the meetings of the Congress Immunity Assembly and
or of any of its committees or [Art. 145 (Mode 1)] Similar Bodies
constitutional commissions; [Art. 143]
b. Expressing his opinion; or
c. Casting his vote. As to Act Punished
Using force,
NOTE: The offender in mode 1 may be any intimidation, threats, or The prevention of
person. frauds to prevent any the projected or
member of Congress actual meeting of
Mode 2: Arresting or searching any member from attending the congress, or any of
thereof while Congress is in regular or meetings of Congress its committees or
special session, except in case such or of any of its actual committee,
member has committed a crime punishable committees or etc.
under the Code by a penalty higher than subcommittees, etc.
prision mayor.

Elements: [PACC] 3. Chapter III: Illegal Assemblies

1. Offender is a Public officer of employee; and Associations
2. He Arrests or searches any member of
Congress; a. Article 146 - Illegal Assemblies
3. Congress, at the time of arrest or search, is
in regular or special session; Two (2) Modes of Commission:
4. The member arrested or searched has not 1. Meeting attended by armed persons for the
committed a Crime punishable under the purpose of committing any of the crimes
Code by a penalty higher than prision punishable under the Code
mayor. 2. Meeting in which the audience is incited to
the commission of the crime of treason,
Parliamentary Immunity rebellion or insurrection, sedition, or direct
Members of Congress cannot be arrested for assault
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Mode 1 vs. Mode 2
while Congress is in session. They can be Mode 1: Mode 2:
prosecuted after Congress adjourns. [Art. VI, For the purpose of Audience is incited
Sec. 11, 1987 Constitution] committing any to the commission of
of the crimes the crime of treason,
punishable under rebellion or
the Code. [MAP] insurrection,
sedition, or direct
assault [MAI]
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is 2. Meeting is
attended by Armed attended by Any
persons persons, whether
armed or not;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Purpose of the 3. Audience is Incited As to Act Punished

meeting is to to the commission
commit any of the of the crime of What is punished is the
What is punished are
crimes punishable treason, rebellion act of forming or
the meeting and the
under the Code. or insurrection, organizing the
sedition or direct attendance therein
association
assault.
As to Persons Liable
Persons liable for illegal assembly: a. organizers or
a. The organizer or leaders of the meeting; or leaders of the a. founders, directors,
b. Persons merely present at the meeting, who meeting president
must have a common intent to commit the b. persons present at b. members
felony of illegal assembly. the meeting

If any person present at the meeting carries

an unlicensed firearm, it will be presumed
4. Chapter IV: Assault upon, and
that: Resistance and Disobedience
a. The purpose of the meeting is to commit to Persons in Authority and
acts punishable under the RPC; and
b. He is considered a leader or organizer of the
Their Agents
meeting.
a. Article 148 - Direct Assaults
b. Article 147 - Illegal Associations
Two (2) Modes of Commission:
The following are illegal associations [CM]: 1. Without public uprising, by employing force
Associations totally or partially organized for: or intimidation for the attainment of any of
1. The purpose of committing any of the the purposes enumerated in defining the
Crimes punishable under the Code; crimes of rebellion and sedition
2. Some purpose contrary to public Morals. 2. Without public uprising, by attacking, by
employing force or by seriously intimidating
or by seriously resisting any person in
Persons liable: authority or any of his agents, while
Founders, directors and president of the engaged in the performance of official
association; duties, or on occasion of such performance.
Mere members of the association.
Mode 1 vs. Mode 2
Public Morals – matters which affect the Mode 1. Mode 2.
interest of society and public convenience, not For the attainment Acts against
limited to good customs [Black’s Law of any of the any person in
Dictionary] purposes of authority or any of
rebellion and his agents
Illegal Assembly vs. Illegal Association sedition [AAPKN]
Illegal Assembly Illegal Association [EAN]
(Art. 146) (Art. 147) 1. Offender 1. Offender makes an
As to Requirement of Actual Meeting Employs force or Attack, employs
intimidation force, makes a
There must be an serious
Actual meeting not
actual meeting or intimidation, or
necessary
assembly makes a serious
resistance

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2. The Aim of the 2. The person circumstance in Art. 14, no. 3 (rank). There
offender is to assaulted is a must be, however, intent to disregard the
attain any of the person in Authority victim’s rank. [BOADO]
purposes of the or his agent;
crime of rebellion 3. At the time of the b. Article 149 - Indirect Assaults
or any of the assault, the person
objects of the in authority or his Elements: (FAU)
crime of sedition agent is engaged in 1. A person in authority or his agent is the
the actual victim of any of the Forms of direct assault
NOTE: This is Performance of defined in Article 148;
tantamount to official duties, or 2. A person comes to the Aid of such authority
rebellion or sedition, that he is assaulted or his agent;
except that there is by reason of the 3. Offender makes Use of force or intimidation
no public uprising. past performance upon such person coming to the aid of the
of official duties authority or his agent.
4. Offender Knows
that the one he is NOTES: Indirect assault presupposes that
assaulting is a direct assault was committed.
person in authority
or his agent in the c. Article 150 - Disobedience to
exercise of his summons issued by the National
duties.
Assembly, its Committees or
3./5.There is No public uprising
Subcommittees, or divisions
Under Mode 2
Acts Punishable: [OSARI]
Classifications of direct assault [SQ]: Mode 1: By refusing, without legal
1. Simple assault.
excuse, to Obey summons of Congress, its
2. Qualified assault. special or standing committees and
subcommittees, the Constitutional
Qualifying Circumstances [WP-LH]: Commissions and its committees,
1. There is a Weapon employed in the attack subcommittees or divisions, or by any
2. The offender is a Public officer commission or committee chairman or member
3. The offender Lays Hands on a public authorized to summon witnesses;
authority
Mode 2: By refusing to be Sworn or placed
“Person-in-Authority” under affirmation while being before such
Any person directly vested with jurisdiction, legislative or constitutional body or official;
whether as an individual or as a member of
some court or governmental corporation, Mode 3: By refusing to Answer any legal
board, or commission, shall be deemed a inquiry or to produce any books, papers,
person in authority. documents, or records in his possession, when
required by them to do so in the exercise of
See: Article 152 for the enumeration of persons their functions;
in authority and agents of such persons in
authority Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
Public Officer Not in Authority body;
If the public officer is not a person in authority,
the assault on him is an aggravating

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Mode 5: By Inducing disobedience to a Serious Disobedience v. Direct Assault

summons or refusal to be sworn by any such Serious
body or official. Direct Assault
Disobedience
(Art.151) (Art. 148)
d. Article 151 - Resistance and
Person in authority or
Disobedience to a Person in
his agent must be
Authority or the Agents of Such Person in authority or engaged in the
Person. his agent must be in performance of official
actual performance of duties or he is
Mode 1 vs. Mode 2 his duties assaulted by reason of
Mode 1: the past performance
Mode 2:
Resistance and of official duties
Simple
Serious
disobedience Committed only by
Disobedience Committed in two
[ADS] resisting or seriously
[PRI] modes (see Art. 148,
disobeying a person in
1. A person in a. An Agent of a Mode 2 above)
authority or his agent
authority or his person in
agent is engaged authority is Use of force in
There is force
in the engaged in the resistance is not so
employed
serious
Performance of performance of
official duty or official duty or
gives a lawful gives a lawful e. Article 152 - Persons in authority
order to the order to the and agents of persons in authority
offender offender
2. Offender Resists b. Disobeys such Persons in Authority
or seriously agent of a person Persons, whether an individual or as a member
of some court or government corporation,
disobeys such in authority
directly vested with jurisdiction, power and
person in
authority to govern and execute the laws.
authority or his
agent Examples:
3. The act of the c. Such 1. Barrio captain
offender is not disobedience is 2. Barangay Chairman
Included in the not of a Serious 3. Municipal mayor
provision of nature. 4. President of sanitary division
Articles 148, 149 5. Provincial fiscal
and 150. 6. Teachers and Professors
7. Those charged with the supervision of
Resistance and Serious Disobedience public or duly recognized private schools,
The accused must have knowledge that the colleges and universities
person giving the order is a peace officer. [US
v. Bautista, supra.] Agent of Person in Authority
Person charged with: (1) the maintenance of
public order, and (2) the protection and security
of life and property.

Examples:
1. Barrio Captain

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2. Barrio Councilman Prohibition of Peaceful Meetings vs.

3. Barrio Policeman Tumultuous Disturbance
4. Barangay Leader
Prohibition, Tumultuous
5. Any person who comes to the aid of a
Interruption and Disturbance (Art.
person in authority
Dissolution of 153)
Peaceful Meetings
5. Chapter V: Public Disorders (Art. 131)

a. Article 153 - Tumults and Other Offender is a public Offender is a

Disturbances of Public Order officer, who is NOT a private individual
participant (Stranger) who is NOT a
Acts Punishable: [SIODB] participant
Mode 1: Causing any Serious disturbance in a (stranger)
public place, office or establishment. Inciting to Sedition or Rebellion v. Mode 3
of Art. 153
Mode 2: Interrupting or disturbing
performances, functions or gatherings, or Inciting to Sedition
peaceful meetings, if the act is not included in or Rebellion (Art. Mode 3 (Art. 153)
Arts. 131 (prohibition, interruption and 131)
dissolution of peaceful meetings) and 132
As to the manner of commission
(interruption of religious worship).
May be done through Done only through
Mode 3: Making any Outcry tending to incite
speech or writing speech (outcry)
rebellion or sedition in any meeting,
association or public place. As to intent

Mode 4: Displaying placards or emblems More of

which provoke a disturbance of public order in unconscious
such place; Done with intent to
outburst which is
induce the hearers or
not intentionally
Mode 5: Burying with pomp the body of a readers to commit the
calculated to
person who has been legally executed. crime of rebellion or
induce others to
sedition
commit such
Qualifying Circumstance: crimes
If the disturbance or interruption caused is of a
tumultuous character. As to the Nature of the Speeches
● Tumultuous – if caused by more than three Involved
(3) persons who are armed or provided with
means of violence The nature of the speeches in both acts are
either rebellious or seditious

b. Article 154 - Unlawful Use of Means

of Publication and Unlawful
Utterances

Punishable Acts: [FDMP]

Mode 1: Publishing or causing to be published,
by means of printing, lithography or any other

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U.P. BOC CRIMINAL LAW II
means of publication, as news any False news
which may endanger the public order, or cause
damage to the interest or credit of the State.
Mode 2: Encouraging Disobedience to the law
or to the constituted authorities or praising,
justifying or extolling any act punished by law,
by the same means or by words, utterances or
speeches.
Mode 3: Maliciously publishing or causing to
be published any official document or
resolution without proper authority, or before
they have been published officially.
Mode 4: Printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printer’s name, or which are classified as
anonymous.
NOTE: Actual public disorder or actual damage
to the credit of the State is not necessary. The
mere possibility of causing such danger or
damage is sufficient [REYES, Book 2].
c. Article 155 - Alarms and Scandals
Punishable Acts: [DIDC]
Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive within any town
or public place, calculated to cause (which
produces) alarm or danger;
Mode 2: Instigating or taking an active part in
any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
Mode 3: Disturbing the public peace while
wandering about at night or while engaged in
any other nocturnal amusements.
Mode 4: Causing any disturbances or scandal
in public places while intoxicated or otherwise,
provided Art. 153 (tumults and other
disturbances of public order) is not applicable.
● Under Art. 153, disturbance must be of a
serious nature.
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CRIMINAL LAW
Note: “Calculated to cause” should be “which
produces” alarm and danger according to the
correct translation of the RPC. Hence, the
result, and not the intent, that counts. [REYES,
Book 2]
d. Article 156 - Delivering Prisoners
from Jail
Elements: [CR]
1. There is a person Confined in a jail or penal
establishment; and
2. Offender Removes therefrom such person
or helps the escape of such person.
Consent or connivance necessary to hold
public officer guilty:
It is necessary that the public officer had
consented to, or connived in, the escape of the
prisoner under his custody or charge. [Alberto
v. Dela Cruz, G.R. No. L-31839 (1980)]
Officer must not be the custodian of the
prisoner
If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner under
Art. 223.
If three persons are involved, the crimes
committed are as follows:
1. Conniving with or Consenting to Evasion
(Art. 223) – committed by a public officer
who is in custody or charge of the prisoner
2. Delivering Prisoners from Jail (Art. 156) –
committed by the stranger who helped in the
escape
3. Evasion of service of sentence (Art. 157) –
committed by the prisoner who escaped
6. Chapter VI: Evasion of
Service of Sentence
Evasion of Service of Sentence vs. Evasion
of Service of Sentence on the Occasion of
Calamities vs. Other Cases of Evasion
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Evasion of Evasion of service of sentence is a continuing

Other offense [Parulan v. Director of Prisons, G.R.
Evasion of Service of
Cases of No. L-28519 (1968)].
Service of Sentence on
Evasion
Sentence the Occasion
(Art. 159) a. Article 157 - Evasion of Service of
(Art. 157) of Calamities
(Art. 158) Sentence
As to the Offender
Elements: [CSE]
Convicted by
1. Offender is a Convict by final judgment;
final 2. He is Serving sentence which consists in
judgment Convicted by the deprivation of liberty;
Convict
and is final judgment 3. He Evades service of his sentence by
who was
deprived of and is escaping during the term of his
granted
liberty (need confined in a imprisonment.
conditional
not be penal
pardon Qualifying circumstances as to penalty
confined. institution
e.g., imposed if such evasion or escape takes
destierro) place: [EBPC]
As to Circumstances Surrounding the 1. By means of unlawful Entry (this should be
by scaling [Reyes]);
Evasion
2. By Breaking doors, windows, gates, walls,
Escapes roofs or floors;
during the 3. By using Picklock, false keys, disguise,
Escapes occasion of Violated the deceit, violence or intimidation; or
during the disorders, terms of his 4. Through Connivance with other convicts or
term of his conflagrations conditional employees of the penal institution.
imprisonmen , pardon
t earthquakes, Applicable to Destierro
or other One who, sentenced to destierro by virtue of
calamities final judgment, and prohibited from entering the
As to the Harm Inflicted City of Manila, enters said city within the period
of his sentence, is guilty of evasion of sentence
Does not
under Article 157. [People v. Abilong, supra]
infringe on
the right of
b. Article 158 - Evasion of Service of
another
An attempt at least to evade Sentence on the Occasion of
person nor
the penalty inflicted by the
does it
Disorders, Conflagrations,
courts upon criminals and Earthquakes, or Other Calamities
disturb the
thus defeats the purpose of
public
the law of either reforming or Elements: [CC-DEESM-EF]
order;
punishing them for having 1. Offender is a Convict by final judgment, who
merely an
disturbed the public order. is confined in a penal institution;
infringemen 2. There is Disorder, resulting from –
t of the a. Conflagration;
stipulated b. Earthquake;
terms c. Explosion;
d. Similar catastrophe; or
Nature of Offenses e. Mutiny in which he has not participated;

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U.P. BOC CRIMINAL LAW II
3. He Evades the service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder
or during the mutiny;
4. He Fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity.
Failure to Return
Leaving the penal establishment is not the
basis of criminal liability. What is punished is
the failure to return within 48 hours after the
passing of the calamity, conflagration or mutiny
had been announced.
Effect of Surrendering within 48 hours
Convicts who shall give themselves up to the
authorities within 48 hours from the issuance of
a proclamation, shall be entitled to the
deduction provided for under Art. 98 (one -fifth
of the period of his sentence).
c. Article 159 - Other Cases of
Evasion of Service of Sentence
Elements: [CGV]
1. Offender was a Convict;
2. He was Granted a conditional pardon by the
Chief Executive; and
3. He Violated any of the conditions of such
pardon.
Conditional Pardon
A contract between the Chief Executive, who
grants the pardon, and the convict, who
accepts it. Since it is a contract, the pardoned
convict is bound to fulfill its conditions and
accept all its consequences according to its
strict terms. [People v. Pontillas, G.R. No. L-
45267 (1938)]
Guilty of a Subsequent Offense
Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159. [Torres v. Gonzales, G.R. No.
76872 (1987)]
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CRIMINAL LAW
7. Chapter VII: Commission of
Another Crime During Service
of Penalty Imposed for
Another Previous Offense
a. Article 160 - Commission of
another crime during service of
penalty imposed for another
previous offense - Penalty
Elements: [CN]
1. Offender was already Convicted by final
judgment of one offense;
2. He committed a New felony before
beginning to serve such sentence or while
serving the same.
Pardon. Pardon is to be given to a convict who:
1. Is not a habitual criminal;
2. Is already at the age of seventy (70) years;
and
3. Has already served out his original
sentence or if he completing it after reaching
such age
Exception: If by reason of his conduct, he is
deemed not worthy of such clemency
Quasi-recidivism
A special aggravating circumstance where a
person, after having been convicted by final
judgment, shall commit a new felony before
beginning to serve such sentence, or while
serving the same. He shall be punished by the
maximum period of the penalty prescribed by
law for the new felony. [People vs. Bernal, G.R.
No. 44988 (1936)]
As to the act committed
The first crime for which the offender is serving
sentence need not be a felony. [People v.
Peralta, G.R. No. L-19069 (1968)]
The word “another” does not mean that the new
felony be different from the one for which the
offender is serving sentence [People v. Yabut,
58 Phil. 499 (1933)]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Quasi-Recidivism vs. Recidivism vs. Acts Punished [SSS]:

Reiteracion Forging the:
Offense Nature 1. Great Seal of the Government of the
Philippines;
The 2 offenses need not be 2. Signature of the President; or
Quasi-
embraced in the same title of 3. Stamp of the President.
Recidivism
the Code
Forgery
There was a 2nd conviction for
Falsely making or materially altering, with
Recidivism an offense embraced in the
intent to defraud, any writing which, if genuine,
same title of the Code
might apparently be of legal efficacy or the
Offender has been previously foundation of a legal liability. [Black’s Law
punished of: Dictionary]
1. One (1) offense – to which
the law attaches equal or b. Article 162 – Using Forged
greater penalty; or Signature or Counterfeit Seal or
2. Two (2) offenses – to Stamp
Reiteracion
which the law attaches
lighter penalty
Elements: [SKU]
1. The Great Seal of the Republic was
Offenses need not be
counterfeited or the signature or stamp of
embraced in the same title of
the Chief Executive was forged by another
the Code.
person;
2. Offender Knew of the counterfeiting or
See: Discussion under Multiple Offenders for forgery; and
detailed discussion 3. He Used the counterfeit seal or forged
signature or stamp.
D. CRIMES AGAINST PUBLIC
NOTE: Offender under this article should not
INTEREST [Arts. 161-187]
be the forger. Otherwise, he will be penalized
under Article 161. The participation of the
1. Chapter I: Forgeries offender is in effect that of an accessory.
[REYES, Book 2]
SECTION 1. FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE Although the general rule is that he should be
ISLANDS, THE SIGNATURE OR STAMP OF punished by a penalty of two degrees lower,
THE CHIEF EXECUTIVE under Article 162 he is punished by a penalty
only one degree lower. [Id.]
1. Acts of Counterfeiting
SECTION 2. COUNTERFEITING COINS
a. Article 161 – Counterfeiting the
Great Seal of the Government of c. Article 163 – Making and Importing
the Philippine Islands, Forging the and Uttering False Coins
Signature or Stamp of the Chief
Elements: [FMC]
Executive
1. There be False or counterfeited coins;
2. Offender either Made, imported or uttered
such coins;

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U.P. BOC CRIMINAL LAW II
3. In case of uttering such false or
counterfeited coins, he Connived with the
counterfeiters or importers.
Kinds of Coins Covered by the Crime
1. Silver coins of the Philippines or coin of the
Central Bank (CB);
2. Coins of minor coinage of the Philippines
or CB; or
4. Coin of the currency of a foreign country
[REYES, Book 2]
“To utter”
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them
away. A counterfeited coin is uttered when it is
paid, when the offender is caught counting the
counterfeited coins preparatory to the act of
delivering them, even though the utterer may
not obtain the gain he intended [Decisions of
the Supreme Court of Spain]
To import is to bring into port
To import fake coins means to bring them into
port. The importation is complete before entry
at the Customs House. [US v. Lyman, 26 Fed.
Cas. 1024 (1818)]
Punishable regardless of whether or not it
is in official circulation
The reason behind this is not only the harm that
it may cause to the public in case it goes into
circulation again, but also the possibility that
the counterfeiter may later apply his trade to
the making of coins in actual circulation.
[People v. Kong Leon, C.A., 48 O.G. 664]
d. Article 164 – Mutilation of Coins
Acts Punished [MI]
1. Mutilating coins of the legal currency; or
2. Importing or uttering such mutilated coins
Elements of Mutilation: [LG]
1. Coin mutilated is of Legal tender; and
2. Offender Gains from the precious metal
dust abstracted from the coin
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CRIMINAL LAW
“Mutilation” means to take off part of the metal
either by filling it or substituting it for another
metal of inferior quality. [REYES, Book 2]
Foreign coins are not covered in this article.
[Id.]
Elements of Importing or Uttering Mutilated
Coins: [IC]
1. Offender Imported or uttered mutilated
coins; and
2. In case of uttering, the offender must have
Connived with the mutilator or importer
PD 247: Prohibiting and Penalizing
Defacement, Mutilation, Tearing, Burning or
Destruction of Central Bank Notes and
Coins
It shall be unlawful for any person to willfully
deface, mutilate, tear, burn or destroy, in any
manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
e. Article 165 – Selling of False or
Mutilated Coin, without
Connivance
Acts Punished:
1. Possession of coin, counterfeited or
mutilated by another person, with intent to
utter the same, knowing that it is false or
mutilated; or
2. Actually uttering such false or mutilated
coin, knowing the same to be false or
mutilated.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 1 vs. Mode 2 Requirement of Legal Tender

Mode 1: Mode 2: Actually
Possession with uttering such false Coins must Must be of Not required
intent to utter false or mutilated coin be silver legal tender to be legal
or mutilated coin coins of the tender
Phil. or CB,
Elements: [PIK] Elements: [UK] or coin of
1. Possession of 1. Actually Uttering minor
counterfeited or such false or coinage or
mutilated coin; mutilated coin; currency of a
2. With Intent to and foreign
utter; and 2. With Knowledge country
3. With Knowledge of such defect/s.
of such defect/s. Requirement of Connivance in case of
Uttering

Constructive Possession There must There must No

Possession prohibited in this article is not only be be requirement
actual and physical possession, but also that of connivance connivance of
a constructive one, or the subjection of the with the with the connivance
thing to one’s control. The possessor should counterfeiter mutilator or in case of
not be the counterfeiter, mutilator or importer of s or importer in uttering
the coins. [REYES, Book 2] importers case of
uttering
Making and Importing and Uttering vs.
Mutilating
SECTION 3. FORGING TREASURY OR
Making and Mutilating Selling of BANK NOTES, ONLIGATIONS AND
Importing [Art. 164] False or SECURITIES; IMPORTING AND UTTERING
and Uttering Mutilated FALSE OR FORGED NOTES, OBLIGATIONS
[Art. 163] Coin AND SECURITIES
[Art. 165]
f. Article 166 – Forging Treasury or
Punishable Acts
Bank Notes or Other Documents
That a false That a coin That coin is Payable to Bearer; Importing and
or is mutilated, counterfeited Uttering Such False or Forged
counterfeited or that such or mutilated Notes and Documents
coin is made, mutilated or actually
imported or coin is uttered Elements: [B-FImU]
uttered imported or 1. There is an instrument payable to Bearer;
uttered and
2. The offender commits any of the following
As to Foreign Coins acts:
Counterfeitin Mutilating Counterfeitin a. Forged or falsified a treasury or bank
g of foreign foreign coins g of foreign note or a document payable to bearer;
currency is is not currency is b. Imported such false or forged
punishable punishable punishable obligations or notes; or
under this c. Uttered such false or forged obligations
article or notes in connivance with the forgers
or importers.

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U.P. BOC CRIMINAL LAW II
“Forging” – By giving any treasury or bank
note, or any instrument payable to bearer, or to
order the appearance of a true and genuine
document. [REYES, Book 2]
“Falsification” – By erasing, substituting,
counterfeiting or altering by any means, the
figures, letters, words, or signs contained
therein. [Id.]
When Payable to Bearer: [N.I.L.]
1. When expressed to be so payable
2. When payable to a person named therein
or bearer
3. When payable to the order of a fictitious or
non-existing person, and such fact was
known to the person making it so payable
4. When the name of the payee does not
purport to be the name of any person
5. When the only or last endorsement is an
endorsement in blank.
g. Article 167 – Counterfeiting,
Importing, and Uttering
Instruments Not Payable to Bearer
Elements: [OFC]
1. There is an Instrument payable to Order or
other document of credit not payable to
bearer;
2. Offender either Forged, imported or
uttered such instrument; and
3. In case of uttering, he Connived with the
forger or importer.
When Payable to Order
An instrument is payable to order where it is
drawn payable to the order of a specified
person or to him or his order. [N.I.L]
2. Acts of Forgery
h. Article 168 – Illegal Possession
and Use of False Treasury or Bank
Notes and Other Instruments of
Credit
Page 153 of 277
CRIMINAL LAW
Elements: [N-KUPo]
1. Any treasury or bank Note or certificate or
other obligation and security:
a. There is an instrument payable to
bearer, to order or other document of
credit not payable to bearer;
b. Said instrument is forged or falsified by
another person;
2. Offender Knows that any of those
instruments is forged or falsified; and
3. He either –
a. Uses any of such forged or falsified
instruments; or
b. Possesses the same, with intent to use
Presumption of Material Author
The rule is that if a person had in his
possession a falsified document and he made
use of it, taking advantage of it and profiting
thereby, the presumption is that he is the
material author of the falsification. [People v.
Sendaydiego, G.R. No. L-33254 (1978)]
i. Article 169 – How Forgery is
Committed
Acts punished [GE]
1. By Giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a
true and genuine document; or
2. By Erasing, substituting, counterfeiting, or
altering by any means the figures, letters,
words, or sign contained therein.
Forgery includes falsification and
counterfeiting. [REYES, Book 2]
Possession and Knowledge
Possession of genuine treasury notes of the
Philippines, any of “the figures, letters, words
or signs contained” in which had been erased
and/or altered, with knowledge of such erasure
and alteration, and with the intent to use such
notes in enticing another to advance funds for
the avowed purpose of financing the
manufacture of counterfeit treasury notes of
the Philippines, is punishable under Art. 168 in
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

relation to Art. 166 (1). [Del Rosario v. People, k. Article 171 – Falsification by Public
G.R. No. L-16806 (1961)] Officer, Employee or Notary or
Ecclesiastical Minister
How Forgery May be Committed
Forgery can be committed through the use of
Elements: [PAF - CApAUDMAI]
genuine paper bills that have been withdrawn 1. Offender is a Public officer, employee, or
from circulation, by giving them the notary public;
appearance of some other true and genuine
2. He takes Advantage of his official position;
document. [People v. Galano, C.A. 54 O.G. and
5899]
3. He Falsifies a document by committing any
of the following acts:
SECTION 4. FALSIFICATION OF
a. Counterfeiting or imitating any
LEGISLATIVE, PUBLIC, COMMERCIAL,
handwriting, signature or rubric;
AND PRIVATE DOCUMENTS AND
b. Causing it to Appear that persons have
WIRELESS, TELEGRAPH AND TELEPHONE
participated in any act or proceeding
MESSAGES
when they did not in fact so participate;
c. Attributing to persons who have
3. Acts of Falsification
participated in an act or proceeding
statements other than those in fact
j. Article 170 – Falsification of made by them;
Legislative Documents d. Making Untruthful statements in a
narration of facts;
Elements: [BAACh] e. Altering true Dates;
1. There is a Bill, resolution or ordinance f. Making any alteration or intercalation in
enacted or approved or pending approval a genuine document which changes its
by either House of the Legislature or any Meaning;
provincial board or municipal council; g. Issuing in an Authenticated form:
2. Offender Alters the same; ● A document purporting to be a
3. He has no proper Authority; and copy of an original document
4. Alteration has Changed the meaning of the when no such original exists,
documents. or
● Including in such a copy a
Falsification v. Forgery statement contrary to, or
Forgery [Art. 169] Falsification [Art. different from, that of the
170] genuine original; and
As used in Article The commission of h. Intercalating any instrument or note
169, forgery refers to any of the 8 acts relative to the issuance thereof in a
the falsification and mentioned in Article protocol, registry, or official book.
counterfeiting of 171 on legislative
treasury or bank (only the act if making Ecclesiastical Minister’s Liability
notes or any alteration) or public or The ecclesiastical minister is liable with respect
instruments payable official, commercial or to any record or document that its falsification
may affect the civil status of persons [REYES,
to bearer or to order private documents or
Book 2]].
wireless or telegraph
messages. Offender Takes Advantage of his Official
Position When:
1. He has the duty to make or prepare, or
intervene in the preparation of the
document; or

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U.P. BOC CRIMINAL LAW II
2. He has the official custody of the
document he falsifies. [Id.]
Document
A document is any written statement by which
a right or status is established or an obligation
is extinguished. [Id.]
Par. 1: Counterfeiting or imitating any
handwriting, signature or rubric. [Id.]
Acts Punished: [CI]
1. Counterfeiting - imitating any handwriting,
signature or rubric; or
a. There should be an intent to imitate, or
an attempt to imitate
b. Two signatures, the genuine and the
forged, should bear some
resemblance.
2. Imitating (Feigning) - simulating a
signature, handwriting or rubric out of one
which does not actually exist.
Par. 2: Causing it to appear that persons
have participated in any act or proceeding
when they did not in fact so participate. [Id.]
Elements: [AN]
1. Offender caused it to Appear in a
document that a person/s participated in an
act or proceeding.
2. Such person/s did Not in fact participate.
Par. 3: Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them [Id.]
Elements: [PSA]
1. Person/s Participated in an act or
proceeding
2. Such person/s made Statements in that act
or proceeding; and
3. Offender, in making a document, Attributed
to such person/s statements other than
those they in fact made.
Par. 4: Making untruthful statements in a
narration of facts [Id.]
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CRIMINAL LAW
Elements: [D-OFW]
1. Offender makes in a Document statements
in a narration of facts
2. He has a legal Obligation to disclose truth
of facts
3. Facts narrated are absolutely False; and
4. Perversion of truth in the narration was
made with the Wrongful intent of injuring a
third person.
Narration of Facts Required
There must be narration of facts, not
conclusion of law. [Beradio v. CA, G.R. Nos. L-
49483-86 (1981)] The person making the
narration of facts must be aware of the falsity
of the facts narrated by him. [REYES, Book 2]
Falsification by Omission
There can be falsification by omission. An
assistant bookkeeper is guilty of falsification by
intentionally not putting a record in his personal
account of chits and destroying them so he
could avoid paying the same. [People v. Dizon,
G.R. No. 144026 (2006)]
Par. 5: Altering true dates [Id.]
Elements: [DA]
1. Date must be essential
2. Alteration of the date must affect the
veracity of the documents or the effects
thereof (such as dates of birth, marriage, or
death).
NOTE: This pertains to alteration of a true date
(not a non-existent date). An example would be
the alteration of dates on official receipts to
prevent discovery of malversation. [Typoco Jr
v. People, G.R. Nos. 221857 & 222020 (2017)]
Date Must be Essential
Falsification under this paragraph only when
the date mentioned in the document is
essential. The alteration of the date or dates in
a document must affect either the veracity of
the document or the effects thereof. [REYES,
Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Date of Birth, Marriage and Death are Par. 8. Intercalating any instrument or note
Essential relative to the issuance thereof in a
The dates of birth, marriage and death are protocol, registry or official book.
essential, because without them the
documents "cannot produce any legal effect. Pars. 1 to 5 Pars. 6 to 8
[id.]
May be a genuine There must be a
Par. 6: Making any alteration or (later falsified) or an genuine document
intercalation in a genuine document which entirely fabricated
changes its meaning [Id.] document

Elements: [A-GAF] l. Article 172 – Falsification by

1. There be an Alteration (change) or Private Individual and Use of
intercalation (insertion) on a document.
Falsified Documents
2. It was made on a Genuine document.
3. Alteration or intercalation has changed the
Types of Documents:
meaning of the document.
Public Document – a document created,
4. Change made the document speak
executed or issued by a public official in
something False.
response to the exigencies of the public
service, or in the execution of which a public
Change or Insertion Must Affect the
official intervened. [US v. Asensi, G.R. No.
Integrity of the Document
11165 (1916)]
Change or insertion must affect the integrity or
effects of the document. Furthermore, the
Official Document – a document which is
alteration should make the document speak
issued by a public official in the exercise of the
something false. Otherwise, it would merely be
functions of his office. [Id.]
a correction. [REYES, Book 2]
Commercial Document – any document
Par 7: Issuing in an authenticated form a defined and regulated by the Code of
document purporting to be a copy of an
Commerce or any other commercial law. They
original document when no such original are used by merchants or businesspersons to
exists, or including in such a copy a promote or facilitate trade or credit
statement contrary to, or different from, that transactions. [Malabanan v. Sandiganbayan,
of the genuine original [Id.] G.R. Nos. 186329, 186584, 198598 (2017)]
Persons Liable
Mode 1: Falsification of public, official or
1. Custodian - Authentication of a document commercial document by a private
can only be made by the custodian or the individual
one who prepared and retained a copy of
the original.
Elements: [NoFaDo]
a. Purporting to be a copy of the original 1. Offender is a Private individual or Public
when no such original exists. officer or employee who did Not take
b. Including in a copy a statement advantage of his official position;
contrary to, or different from, that of the
2. He committed any act of Falsification (Art.
genuine original. 171);
2. Private Person - a private person who
3. The falsification was committed in a public,
cooperates with a public officer in the official, or commercial Document or letter
falsification of a public document is guilty of of exchange.
the crime and incurs the same liability and
penalty. [id.]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 2: Falsification of private document document through negligence or imprudence.

by any person [REYES, Book 2]

Elements: [F-eII-PD] Exceptions: In case of public and

1. Offender committed any of the acts of
Falsification except Article 171(7), that is:
a. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such
original exists, or
b. Including in such a copy a statement
contrary to, or different from, that of the
genuine original;
2. Falsification was committed in any Private
document;
3. Falsification causes Damage to a third
party or at least the falsification was
committed with intent to cause such
damage.
commercial documents: The existence of a
wrongful intent to injure a third person is not
necessary when the falsified document is a
public document. [Siquian v. People, supra.]
If the document is intended by law to be part of
the public or official record, the falsification,
although it was private at the time of
falsification, is regarded as falsification of a
public or official document [REYES, Book 2]
This statement applies as well to commercial
documents, because as to this kind of
document, a credit is sought to be protected.
[REYES, Book 2]

Mode 3: Use of falsified document Presumption

The possessor of a falsified document is
Elements in introducing in a judicial presumed to be the author of the falsification.
proceeding [KFI] [People v. Manansala, G.R. No. L-38948
1. Offender Knew that the document was (1933)]
falsified by another person;
2. The False document is in Articles 171 or Prescription
172 (1 or 2); In the crime of falsification of a public
3. He Introduced said document in evidence document, the prescriptive period commences
in any judicial proceeding. from the time the offended party had
constructive notice of the alleged forgery after
Elements in use in any other transaction the document was registered with the Register
[KEUD] of Deeds [People v. Villalon, G.R. No. 43659
1. Offender Knew that a document was (1990)]
falsified by another person;
2. False document is Embraced in Articles Falsification by Falsification by
171 or 172 (1 or 2); Public Officer, Private Individual
3. He Used such document; Employee or Notary and Use of Falsified
4. The use caused Damage to another or at or Ecclesiastical Documents [Art.
least used with intent to cause damage. Minister [Art. 171] 172]
As to Offender
Committed by any Committed by any
Wrongful Intent Not Required in Public public officer, private individual, or
Documents employee, or notary any person who
General Rule: Wrongful intent is required in commits such
falsification of private documents. Falsification punishable acts.
through imprudence implies lack of such intent,
As to Acts Committed
thus there is no crime of falsification of a private

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Acts involve Acts involve private corporation engaged in the service

falsification of falsification of of sending or receiving wireless, cable or
documents by documents by telephone message;
CAAUDMAI (See: CAAUDMAI (See: 2. He Used such falsified dispatch; and
Art. 171 discussion). Art. 171 discussion). 3. The use Resulted in the prejudice of a third
party or at least there was intent to cause
Documents falsified such prejudice.
may pertain to: Any
public or official Employee of a Corporation
document, or letter of A private individual cannot be a principal by
exchange, or direct participation in falsification of telegraphic
commercial dispatches under Article 173, unless he is an
documents employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages. But a
m. Article 173 – Falsification of private individual can be held criminally liable
Wireless, Cable, Telegraph and as principal by inducement. [REYES, Book 2]
Telephone Messages, and Use of
Said Falsified Messages SECTION 5. FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
Mode 1: Uttering fictitious wireless, OR SERVICE AND THE LIKE
telegraph or telephone message
n. Article 174 – False Medical
Elements: [UO] Certificates, False Certificates of
1. Offender is an Officer or employee of the Merits of Service, Etc.
government or an officer or employee of a
private corporation, engaged in the service
Persons liable [Ph-PO-Pr]
of sending or receiving wireless, cable or
1. Physician or surgeon - issues a false
telephone message; and
certificate in connection with the practice
2. He Utters fictitious wireless, cable,
of his profession (it must refer to the illness
telegraph or telephone message.
or injury of a person);
2. Public Officer - issues a false certificate of
Mode 2: Falsifying wireless, telegraph or
merit of service, good conduct or similar
telephone message
circumstances; or
3. Private person - falsifies a certificate
Elements: [SF]
falling within the classes mentioned in the
1. Offender is an officer or employee of the
two preceding subdivisions.
government or an officer or employee of a
private corporation, engaged in the Service
of sending or receiving wireless, cable or o. Article 175 – Using False
telephone message; and Certificates
2. He Falsifies wireless, cable, telegraph or
telephone message. Elements: [IKU]
1. False certificate was Issued by the
Mode 3: Using such falsified message following:
Elements: [KUR] a. Physician or surgeon issues a false
1. Offender Knew that wireless, cable, Medical certificate, in connection with
telegraph, or telephone message was the practice of his profession;
falsified by an officer or employee of the
government or an officer or employee of a

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U.P. BOC CRIMINAL LAW II
b. Public officer issues a false certificate
of Merit of service, good conduct or
similar circumstances;
c. Private Person falsifies a certificate
falling within the 2 preceding
subdivisions.
2. Offender Knows that the certificate was
false;
3. He Uses the same
SECTION 6. MANUFACTURING,
IMPORTING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
p. Article 176 – Manufacturing and
Possession of Instruments or
Implements for Falsification
Acts punished: [MII]
1. Making or Introducing into the Philippines
any stamps, dies, marks, or other
instruments or implements for
counterfeiting or falsification; or
2. Possession with Intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by another
person.
Constructive Possession
As in Article 165, the possession contemplated
here is constructive possession. The
implements confiscated need not form a
complete set. [REYES, Book 2]
2. Chapter II: Other Falsities
SECTION 1. USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
NAMES, UNIFORMS AND INSIGNIA
a. Article 177 – Usurpation of
Authority or Official Functions
Mode 1: Usurpation of Authority (no
connection with the office represented)
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Elements: [KO]
1. Offender Knowingly and falsely represents
himself;
2. As an Officer, agent or representative of
any department or agency of the Philippine
government or of any foreign government.
The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient. It is not necessary that he perform an
act pertaining to a public officer. [REYES, Book
2]
Mode 2: Usurpation of Official Functions.
(excess of authority)
Elements: [PAP-WiL]
1. Offender Performs any act;
2. Act pertains to any person in Authority or
public officer of the Philippine government
or any foreign government, or any agency
thereof;
3. Under Pretense of official position;
4. Without being Lawfully entitled to do so.
In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public
officer, in addition to other requirements.
[REYES, Book 2]
Good Faith as Defense
In prosecutions for usurpation of official
functions, good faith is recognized as a
defense. [Ruzol v. Sandiganbayan, G.R. Nos.
186739-960] Good faith is a state of mind
denoting honesty of intention and freedom from
knowledge of circumstances which ought to put
the holder upon inquiry. [Tiongco v. People
G.R. Nos. 218709-10]
b. Article 178 – Using Fictitious and
Concealing True Name
Mode 1: Using Fictitious Name
Elements: [NaP-CED]
1. Offender uses a Name other than his real
name;
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. He uses the fictitious name Publicly; Intent to Deceive

3. Purpose of use is to: General Rule: The offender must make use of
a. Conceal a crime; insignia, uniforms or dresses with intent to
b. Evade the execution of a judgment; or deceive.
c. Cause Damage
Exceptions: Intent is not necessary under:
Damage Must be to Public Interest 1. RA No. 492 – punishes the wearing of
If the purpose is for causing damage, it must be insignia, badge or emblem of rank of the
damage to public interest. If it is damage to members of the AFP. [Sec. 2]
private interest, the crime will be estafa under 2. RA No. 75 – punishes the unauthorized
Art 315 2(a). [REYES, Book 2] wearing of any naval, military, police or
other official uniform, decoration or regalia
Mode 2: Concealing True Name of a foreign State or one nearly resembling
the same, with intent to deceive or mislead.
Elements: [CoP] [Sec. 3]
1. Offender Conceals his true name and other 3. EO No. 297 – punishes the illegal
personal circumstances; manufacture, sale, distribution and use of
2. Purpose is only to conceal his identity. PNP uniforms, insignias and other
accoutrements.
Use of Fictitious Name vs. Concealment of
True Name SECTION 2. FALSE TESTIMONY
Use of Fictitious Concealing True
Name Name d. Article 180 – False Testimony
Element of Publicity Publicity not Against a Defendant
necessary
Elements: [P-TKA]
Purpose is to conceal Merely to conceal
1. There is a criminal Proceeding;
a crime, evade identity. 2. Offender Testifies falsely under oath
execution of
against the defendant therein;
judgment, cause 3. Offender Knows that it is false;
damage)
4. Defendant against whom the false
testimony is given is either Acquitted or
c. Article 179 – Illegal Use of convicted in a final judgment.
Uniforms and Insignia
Liability of Witness
Elements: [Us-ON-I] Witness who gave the false testimony is liable
1. Offender makes Use of insignia, uniforms even if his testimony was not considered by the
or dress; court. [REYES, Book 2]
2. The insignia, uniforms or dress pertains to
an Office Not held by such person or a Finality of Judgment
class of persons of which he is not a Complainant must wait for the finality of
member; judgment in the case where the false testimony
3. Said insignia, uniform or dress is used was given because the penalty for the violation
publicly and Improperly. of Art. 180 depends upon the penalty imposed
by the court in the case of the defendant,
NOTE: Wearing the uniform of an imaginary wherein the false testimony was given.
office is not punishable [REYES, Book 2].

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U.P. BOC CRIMINAL LAW II
Rule: Defendant must be sentenced to at least
a correctional penalty or a fine, or must be
acquitted.
Hence, when the accused is sentenced by
arresto menor, he shall not be liable for false
testimony [REYES, Book 2].
e. Article 181 – False Testimony
Favorable to the Defendant
Elements: [GFC]
1. A person Gives false testimony;
2. In Favor of the defendant;
3. In a Criminal case.
Testimony need not be Beneficial to the
Defendant
The testimony need not be beneficial to the
defendant. It is not necessary that the
testimony should directly influence the decision
of acquittal, it is sufficient that it was given with
the intent to favor the accused. [REYES, Book
2]
f. Article 182 – False Testimony in
Civil Cases
Elements: [FaC-RK-KMI]
1. False testimony is given in a Civil case;
2. Testimony Relates to the issues
presented in said case;
3. Offender Knows that testimony is false;
4. Testimony is Malicious; and
5. It was given with an Intent to affect the
issues in said case.
Suspension of Criminal Action
Pending the determination of the falsity of the
subject testimonies in the civil case, the
criminal action for false testimony must be
suspended. [REYES, Book 2]
g. Article 183 – False Testimony in
Other Cases and Perjury in Solemn
Affirmation
Acts Punished [TM]
1. Falsely Testifying under oath; or
Page 161 of 277
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2. Making a false affidavit.
NOTE: The false testimony should not be in a
judicial proceeding. [Diaz v. People, G.R. No.
L-65006 (1990)]
Perjury
Perjury is a crime other than false testimony
under Arts. 180 to 182; it is an offense which
covers false oaths not taken in the course of
judicial proceedings. [US v. Estraña, G.R. No.
5751 (1910)]
Elements of Perjury: [MaBe-WiRe]
1. Offender Makes a statement under oath or
executes an affidavit upon a material
matter;
2. Statement or affidavit is made Before a
competent officer, authorized to receive
and administer oaths;
3. Offender makes a Willful and deliberate
assertion of a falsehood in the statement or
affidavit;
4. The sworn statement or affidavit containing
the falsity is Required by law; made for a
legal purpose.
Oath – Any form of attestation by which a
person signifies that he is bound by conscience
to perform an act faithfully and truthfully.
[REYES, Book 2]
Affidavit – sworn statement in writing;
declaration in writing, made upon oath before
an authorized magistrate or officer. [Id]
No Perjury through Negligence or
Imprudence
This is because of the requirement that the
assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice
is a defense in perjury. [Id]
Subornation of Perjury
Subornation of perjury is committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty of perjury as a principal by
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

inducement. [US v. Ballena, 18 Phil. 382 3. Chapter III: Frauds

(1912)]
SECTION 1. MACHINATIONS,
Material vs. Relevant vs. Pertinent [REYES] MONOPOLIES AND COMBINATIONS
Material Relevant Pertinent a. Article 185 – Machinations in
Directed to Tends in any Concerns Public Auctions
prove a fact in reasonable collateral
issue degree to matters which Crime is Consummated by: [SA]
establish make more or 1. Mere Solicitation of gift or promise as
probability or less probable consideration for not bidding, or
improbability the 2. By mere Attempt to cause prospective
of a fact in proposition at bidders to stay away from an auction.
issue issue
NOTE: There is no perjury if the sworn Mode 1: Mode 2:
statement is not important, essential or Soliciting Gifts or Attempting to cause
material. [US v. Jurado, G.R. No. 10719 Promises bidders to stay away
(1915)] by threats, gifts,
promises or any
other artifice
Perjury Untruthful
[Art. 183] Statements in a 1. There is a Public auction
Narration of Facts
2. Offender Solicits 2. Offender Attempts
[Art. 171 par. 4]
any gift or a to cause the
Statement is made Statement is made in promise from any bidders to stay
before a competent a document, in a of the bidders away from that
officer, under oath. narration of facts. public auction
3. Such gift or 3. It is done by
h. Article 184 – Offering False promise is the Threats, gifts,
Testimony in Evidence Consideration for promises or any
his refraining from other artifice
Elements: [OK-Ma] taking part in that
1. Offender Offers in evidence a false public auction
witness or testimony; 4. Offender has the Intent to cause the
2. He Knows that the witness or the reduction of the price of the thing
testimony was false; auctioned.
3. The offer was Made in any judicial or
official proceeding.
b. Article 186 – Monopolies and
Offer of Evidence Combinations in Restraint of Trade
Offer of evidence begins at the moment a
witness is called to the stand and interrogated NOTE: This article has been repealed by the
by counsel. The witness must testify. [Rules of Philippine Competition Act, which was signed
Court, Rule 132] into law on July 21, 2015.

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U.P. BOC CRIMINAL LAW II
SECTION 2. FRAUDS IN COMMERCE AND
INDUSTRY
c. Article 187 – Importation and
Disposition of Falsely Marked
Articles or Merchandise Made of
Gold, Silver, or other Precious
Metals or their Alloys
Elements: [Im-FaK]
1. Offender Imports, sells or disposes of any
of those articles or merchandise (i.e. gold,
silver, other precious metals or their
alloys)
2. The stamps, brands, or marks of those
articles of merchandise Fail to indicate the
actual fineness or quality of said metals or
alloys
3. Offender Knows of such failure to indicate
the actual fineness or quality of the metals
or alloys
Article 187 does not apply to the manufacturer
of misbranded articles – he would be liable for
estafa under Art. 315(2)(b). [REYES, Book 2]
E. CRIMES RELATIVE TO OPIUM
AND OTHER PROHIBITED
DRUGS [Arts. 190 to 194]
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002 (R.A. 9165, AS AMENDED BY
RA 10640)
NOTE: R.A. No. 9165, as amended by RA
10640 has repealed Book Two, Title V (Crimes
Relative to Opium and Other Prohibited Drugs)
of the RPC.
Definition of Terms:
1. Dangerous Drugs (DD) - Those listed in
the schedules annexed to the:
a. 1961 Single Convention on Narcotic
Drugs, as amended by the 1972
Protocol; and
b. 1971 Single Convention on
Psychotropic Substances as
enumerated in the attached annex
Page 163 of 277
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which is an integral part of this Act.
[Sec. 3(j), RA 9165]
2. Controlled Precursors and Essential
Chemicals (CP & EC) - Include those
listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as
enumerated in the attached annex, which
is an integral part of this Act. [Sec. 3(h), RA
9165]
3. Drug Syndicate - Any organized group of
two (2) or more persons forming or joining
together with the intention of committing
any offense prescribed under this Act.
[Sec. 3(o), RA 9165]
4. Financier - Any person who pays for,
raises or supplies money for, or
underwrites any of the illegal activities
prescribed under this Act. [Sec. 3(q), RA
9165]
5. Protector or Coddler - Any person who
knowingly and willfully consents to the
unlawful acts provided for in this Act and
uses his/her influence, power or position in
shielding, harboring, screening or
facilitating the escape of any person he/she
knows, or has reasonable grounds to
believe on or suspects, has violated the
provisions of this Act in order to prevent the
arrest, prosecution and conviction of the
violator. [Sec. 3(ee), RA 9165]
6. Pusher - Any person who sells, trades,
administers, dispenses, delivers or gives
away to another, on any terms whatsoever,
or distributes, dispatches in transit or
transports dangerous drugs or who acts as
a broker in any of such transactions, in
violation of this Act. [Sec. 3(ff), RA 9165]
ACTS PUNISHABLE UNDER RA 9165:
1. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
U.P. BOC CRIMINAL LAW II
and/or Controlled Precursors and
Essential Chemicals [Sec. 5, RA 9165]
Punishable Acts [ST-A-DiDeDi-T]:
Acts Elements/Definition
Sale of DD There must be:
and/or ● Proof that the
CP/EC [PP] transaction or sale
took place; and
● Presentation in court
of the corpus delicti
or illicit drug as
evidence [People v.
Turemutsa, G.R. No.
227497, (2019)]
Trading Transactions involving
the illegal trafficking of
dangerous drugs and/or
controlled precursors
and essential chemicals
using electronic
devices such as, but not
limited to, text messages,
email, mobile or
landlines, two-way
radios, internet, instant
messengers and chat
rooms or acting as a
broker in any of such
transactions whether for
money or any other
consideration in violation
of this Act. [Sec. 3(jj), RA
9165]
Administrating Any act of introducing
any dangerous drug
into the body of any
person, with or without
his/her knowledge, by
injection, inhalation,
ingestion or other means,
or of committing any act
of indispensable
assistance to a person in
administering a c. If the Victim of the offense is a minor or a
dangerous drug to
Page 164 of 277
CRIMINAL LAW
himself/herself unless
administered by a duly
licensed practitioner for
purposes of medication.
[Sec. 3(a), RA 9165]
Dispensation Any act of giving away,
selling or distributing
medicine or any
dangerous drug with or
without the use of
prescription. [Sec. 3(m),
RA 9165]
Delivery Any act of knowingly
passing a dangerous
drug to another,
personally or otherwise,
and by any means, with
or without consideration.
[Sec. 3(k), RA 9165]
Distribution -
Transportation
NOTE: In the Illegal sale of DD and/or CP/EC,
presentation of the buy-bust money is not
indispensable to the prosecution of a drug case
[People v. Martin, G.R. No. 193234, (2011)]
Maximum Penalty is Imposed [100 - UVF]:
a. If the illegal activities transpire within 100
meters from a school [Sec. 5 (3), RA 9165];
b. Using minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade [Sec. 5 (4), RA 9165];
mentally incapacitated individual, or should
a dangerous drug and/or a controlled
U.P. BOC CRIMINAL LAW II
precursor and essential chemical involved
in any offense herein provided be the
proximate cause of death of a victim
thereof [Sec. 5 (5), RA 9165];
d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal
activities. [Sec. 5 (6), RA 9165];
2. Possession of Dangerous Drugs [Sec.
11, RA 9165]
Elements: [PNF]
a. The accused is in Possession of an item or
object, which is Identified to be prohibited
or regulated drug
b. Such possession is Not authorized by law;
and
c. The accused Freely and consciously
possessed the drug [People v. Trinidad,
G.R. No. 199898, (2014) citing People v.
Quiamanlon, G.R. No. 191198 (2011)]
Constructive Possession
Exists when the drug is under the dominion and
control of the accused or when he has the right
to exercise dominion and control over the place
where it is found. [id.]
NOTE: Exclusive possession or control is not
necessary. [id.]
Presumption of Possession
When prohibited and regulated drugs are found
in a house or other building belonging to and
occupied by a particular person, the
presumption arises that such person is in
possession of such drugs in violation of law,
and the fact of finding the same is sufficient to
convict [People v. Torres, G.R. No. 170837,
(2006)]
Possession is Absorbed in the Sale of DD
Possession of prohibited or dangerous drugs is
absorbed in the sale thereof [People v.
Posada, G.R. No. 196052, (2015)]
3. Use of Dangerous Drugs [Sec. 15, RA
9165]
Page 165 of 277
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Committed by a person apprehended or
arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test
[Sec. 15, RA 9165]
NOTE: Section 15 shall not be applicable
where the person tested is also found to have
in his/her possession such quantity of any
dangerous drug provided for under Section 11
of this Act (Possession of Dangerous Drugs),
in which case the provisions stated therein
shall apply [id.]
Confirmatory Test
An analytical test using a device, tool or
equipment with a different chemical or physical
principle that is more specific which will
validate and confirm the result of the screening
test. [Sec. 3 (f), RA 9165]
Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender
Under the Influence of Dangerous Drugs
Notwithstanding the provisions of any law to
the contrary, a positive finding for the use of
dangerous drugs shall be a qualifying
aggravating circumstance in the commission of
a crime by an offender, and the application of
the penalty provided for in the Revised Penal
Code shall be applicable [Sec. 25, RA 9165]
OTHER PUNISHABLE ACTS:
1. Importation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals [Sec. 4, RA 9165]
2. Maintenance of a Den, Dive or Resort.
[Sec. 6, RA 9165]
Den, Dive or Resort
A place where any dangerous drug and/or
controlled precursor and essential
chemical is administered, delivered, stored
for illegal purposes, distributed, sold or
used in any form. [Sec. 3(l), RA 9165]
U.P. BOC CRIMINAL LAW II
3. Employees and Visitors of a Den, Dive
or Resort. [Sec. 7, RA 9165]
Acts Punished: [EV]
1. Employment in a den, dive or resort, by an
employee who is aware of the nature of the
place as such; and
2. Visiting of any person, not being included
in (1), who is aware of the nature of the
place as such and shall knowingly visit the
same.
Employee of a Den, Dive or Resort
The caretaker, helper, watchman, lookout, and
other persons working in the den, dive or
resort, employed by the maintainer, owner
and/or operator where any dangerous drug
and/or controlled precursor and essential
chemical is administered, delivered,
distributed, sold or used, with or without
compensation, in connection with the operation
thereof [Sec. 3(p), RA 9165]
4. Manufacturing Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. [Sec. 8, RA 9165]
Manufacturing
The production, preparation, compounding or
processing of any DD and/or CP and EC, either
directly or indirectly or by extraction from
substances of natural origin, or independently
by means of chemical synthesis or by a
combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or
relabeling of its container [Sec 3(u), RA 9165]
Exception: Does not include the preparation,
compounding, packaging or labeling of a drug
or other substances by a duly authorized
practitioner as an incident to his/her
administration or dispensation of such drug in
the course of his/her professional practice
including research, teaching and chemical
analysis of dangerous drugs or such
substances that are not intended for sale or for
any other purpose. [id.]
Page 166 of 277
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Presence of CP and/or EC as Prima Facie
Evidence
The presence of any controlled precursor and
essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. [Sec.
8(3), RA 9165]
Aggravating Circumstances [Sec. 8(3), RA
9165]
If the clandestine laboratory is undertaken or
established under the following circumstances
[M-100-BCE]:
a. Any phase of the manufacturing process
was conducted in the presence or with the
help of Minor/s;
b. Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
c. Any clandestine laboratory was secured or
protected with Booby traps;
d. Any Clandestine laboratory was concealed
with legitimate business operations; or
e. Any Employment of a practitioner, chemical
engineer, public official or foreigner.
5. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals.
[Sec. 9, RA 9165]
Chemical Diversion
The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured
or procured controlled precursors and essential
chemicals, in diluted, mixtures or in
concentrated form, to any person or entity
engaged in the manufacture of any dangerous
drug, and shall include packaging,
repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front
companies or mail fraud. [Sec. 3(d), RA 9165]
6. Manufacturing or Delivering of
Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals. [Sec. 10, RA 9165]
 U.P. BOC CRIMINAL LAW II
7. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs. [Sec. 12, RA 9165]
Possession of such Equipment as Prima
Facie Evidence of Use
The possession of such equipment,
instrument, apparatus and other paraphernalia
fit or intended for any of the purposes
14. enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has
smoked, consumed, administered to
himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have
violated Section 15 (Use of Dangerous Drugs)
of this Act. [Sec. 12 (2), RA 9165]
8. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings.
[Sec. 13, RA 9165]
Any person found possessing any dangerous
drug during a party, or at a social gathering or
meeting, or in the proximate company of at
least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act
(Possession of Dangerous Drugs), regardless
of the quantity and purity of such dangerous
drugs [id.]
9. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings or in the
proximate company of at Least 2 People
[Sec. 14, RA 9165]
10. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources Thereof. [Sec. 16, RA 9165]
11. Failure in Maintaining and Keeping of
Original Records of Transactions on
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals in
Accordance with Sec. 40 of RA 9165
[Sec. 17, RA 9165]
Page 167 of 277
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12. Unnecessary Prescription of Dangerous
Drugs. [Sec. 18, RA 9165]
The practitioner who unnecessarily prescribed
the dangerous drugs will have his/her license
to practice revoked [id.]
13. Unlawful Prescription of Dangerous
Drugs. [Sec. 19, RA 9165]
“Planting" of any dangerous drug
and/or controlled precursor and
essential chemical, regardless of
quantity and purity [Sec. 29, RA 9165]
“Planting” of Evidence
The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any
overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor
and essential chemical in the person, house,
effects or in the immediate vicinity of an
innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this Act. [Sec. 3
(cc), RA 9165]
Immunity from Prosecution [Sec. 33]
Any person shall be exempted from
prosecution or punishment for the offense with
reference to which his/her information of
testimony were given, and may plead or prove
the giving of such information and testimony in
bar of such prosecution, when the person:
[VIT]
1. Violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act:
2. Voluntarily gives Information about;
a. Any violation of Sections 4, 5, 6, 8, 10,
13, and 16, Article II of this Act as well
as any violation of the offenses
mentioned if committed by a drug
syndicate, or
b. Any information leading to the
whereabouts, identities and arrest of all
or any of the members thereof;
3. Who willingly Testifies against such
persons;
U.P. BOC CRIMINAL LAW II
Conditions which must concur in order for
the person to enjoy Immunity from
Prosecution:
[NN-CMC]
1. The information and testimony are
Necessary for the conviction of the persons
described above;
2. Such information and testimony are Not yet
in the possession of the State;
3. Such information and testimony can be
Corroborated on its material points;
4. the informant or witness has not been
previously convicted of a crime involving
Moral turpitude, except when there is no
other direct evidence available for the State
other than the information and testimony of
said informant or witness; and
5. The informant or witness shall strictly and
faithfully Comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment. [Sec. 33(1-5), RA 9165]
NOTE: The above provision operates in spite
of the provisions of Section 17, Rule 119 of the
Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165]
Immunity may be Enjoyed by a Witness
Who Does Not Appear to be the Most Guilty
Immunity may be enjoyed by an informant or
witness who does not appear to be most guilty
for the offense with reference to which his/her
information or testimony were given.
Provided, there is no direct evidence available
for the State except for the information and
testimony of the said informant or witness. [id.]
Termination of the Grant of Immunity
The immunity granted to the informant or
witness shall not attach: [Sec. 34, RA 9165]
1. Should it turn out subsequently that the
information and/or testimony is false or
made only for the purpose of harassing or
in any way prejudicing the persons
described in the preceding Section.
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CRIMINAL LAW
2. In case an informant or witness under this
Act fails or refuses to testify without just
cause, and when lawfully obliged to do so,
or should he/she violate any condition
accompanying such immunity as provided
above.
NOTE: In case the informant or witness
referred to under this Act falls under the
applicability of this Section hereof, such
individual cannot avail of the provisions under
Article VIII of this Act (Program for Treatment
and Rehabilitation of Drug Dependents). [Sec.
34(3), RA 9165]
CHAIN OF CUSTODY RULE [SEC. 21, R.A.
9165, AS AMENDED BY RA 10640]
Chain of Custody
The duly recorded authorized movements and
custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs
or laboratory equipment of each stage, from
the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
presentation in court for destruction.
[Dangerous Drugs Board Resolution No. 1,
Series of 2002, Implementing RA 9165, Sec.
1(b)]
Procedure [Sec. 21, 9165, as amended by RA
10640]
PDEA shall take charge and have custody of
all dangerous drugs, plant sources of DDs,
CPs and ECs, as well as
instruments/paraphernalia and/or laboratory
equipment confiscated, seized and/or
surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
1. Apprehending team having initial custody
shall conduct a physical Inventory of the
seized items and Photograph the same in:
a. The presence of the accused or the
person/s from whom such items were
confiscated and/or seized; or
b. His/her representative or counsel, with:
i. An elected public official; and
ii. Representative of the National
Prosecution Service or the
U.P. BOC CRIMINAL LAW II
media who shall be required to
sign the copies of the inventory
and be given a copy thereof.
Place of Conducting Inventory and
Photograph
a. Place where the search warrant is
served; or
b. Nearest police station; or
c. Nearest office of the apprehending
officer/team, whichever is practicable,
in case of warrantless seizures.
2. Submit items confiscated within 24 hours to
the PDEA Forensic Laboratory for a
qualitative or quantitative examination;
3. Certification of the forensic laboratory
examination results, shall be issued
immediately upon the receipt of the subject
item/s.
Partial Laboratory Examination Report –
allowed to be issued provisionally when the
volume of the items do not allow the
completion of testing within the time frame,
stating the quantities of dangerous drugs
still to be examined by the forensic
laboratory: Provided, a final certification
shall be issued immediately upon
completion of the said examination and
certification;
4. Filing of a criminal case in court;
5. After the filing, the Court shall, within 72
hours, conduct an ocular Inspection of the
confiscated, seized and/or surrendered
items;
6. PDEA, within 24 hours, shall thereafter
proceed with the destruction or burning of
the items, in the presence of the following:
a. Accused or representative or counsel;
and
b. Representative from:
i. Media;
ii. DOJ,
iii. Civil society groups; and
iv. Any elected public official.
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CRIMINAL LAW
7. Sworn Certification shall be issued by the
Dangerous Drugs Board, as to the fact of
destruction or burning of the items. A
representative sample, however, shall be
submitted to the court having jurisdiction
over the case.
8. After the Promulgation and judgment in the
criminal case, the representative sample,
with leave of court and after informing the
board of the termination of the case, the
prosecutor shall request the turn over of
the representative sample to the PDEA for
proper disposition and destruction within
24 hours from receipt.
LAPSES IN PROCEDURE
Minor Lapses
Failure of the apprehending team to strictly
comply with the procedure laid out in Section
21 of RA 9165 and its IRR does not ipso facto
render the seizure and custody over the items
as void and invalid. [People v. Lim, G.R. No.
223556, (2017)]
Two Conditions that Must be Complied with
To Justify a Minor Procedural Lapse
The prosecution must satisfactorily prove that:
1. There is Justifiable ground for non-
compliance; and
2. The integrity and evidentiary value of the
seized items are properly Preserved. [id.]
Unjustified Failure to Comply Results to the
Acquittal of the Accused
Unjustified failure of the authorities to comply
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti. [People v. Ga-
a, G.R. No. 222559, (2018)]
Rationale: suffices to rebut the presumption of
regularity in the performance of official duties,
acquitting the accused from liability. [id.]
PLEA BARGAINING
Section 23 of Republic Act No. 9165 is
declared unconstitutional for being contrary to
the rule-making authority of the Supreme Court
[Estipona v. Lobrigo, G.R. No. 226679, (2017)]
U.P. BOC CRIMINAL LAW II
NOTE: The SC, in the exercise of its rule-
making power, has issued OCA Circular 90-
2018 (May 4, 2018) to enjoin the courts to
comply with AM No. 18-03-16 (Adoption of the
Plea Bargaining Framework in Drugs Cases).
F. CRIMES AGAINST
PUBLIC MORALS
1. Chapter I: Gambling and
Betting
a. ANTI-GAMBLING LAW (PD. 1602
as amended by RA 9287 [ANTI-
ILLEGAL NUMBERS GAMES
LAW])
NOTE: Articles 195-199 of the RPC, R.A. 3063
(Horse racing Bookies), P.D. 449
(Cockfighting), P.D. 483 (Game Fixing), P.D.
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306
(Jai-Alai Bookies) and other City and Municipal
Ordinances or gambling which are inconsistent
with this decree are hereby repealed [Sec. 3,
PD 1602]
Gambling
Gambling is any game or scheme, whether
upon chance or skill, wherein wagers
consisting of money, articles or value or
representative of value are at stake or made
[REYES, Book 2]
ACTS PUNISHED: [TaP-PoM-BaS]
Note: Article 195, which enumerates the acts
punishable, has been wholly repealed by Sec.
1, PD 1602.
1. Taking part, directly or indirectly, in any
illegal or unauthorized activities or games
of:
a. Cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
b. Cara y cruz, pompiang and the like;
c. 7-11 and any game using dice;
Page 170 of 277
CRIMINAL LAW
d. Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
e. Paik que, high and low, mahjong,
domino and other games using plastic
tiles and the likes;
f. Slot machines, roulette, pinball and
other mechanical contraptions and
devices;
g. Dog racing, boat racing, car racing and
other forms of races;
h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
fixing, point shaving and other
machinations;
i. Banking or percentage game, or any
other game scheme, whether upon
chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or
made;
2. Knowingly Permitting any form of gambling
referred to in the preceding subparagraph
to be carried on in an inhabited or
uninhabited place or in any building, vessel
or other means of transportation owned or
controlled by him.
Qualifying Circumstance: If the place
where the illegal gambling is carried on has
a reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
government building or barangay hall, a
higher penalty will be imposed [Sec.
1(a)(1), PD 1602]
3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
symbols pertaining to or in any manner
used in the mentioned games of lotteries
and numbers which have taken place or
about to take place, knowingly and without
lawful purpose in any hour of any day.
4. Maintaining or conducting above gambling
schemes.
U.P. BOC CRIMINAL LAW II
Maintainer, Manager or Operator
Any person who maintains, manages or
operates any illegal number game in a
specific area from whom the coordinator,
controller or supervisor, and collector or
agent take orders. [Sec. 2(i), RA 9287]
Conductor
A person who sets up and furnishes the
means with which to carry on the gambling
game or scheme. [REYES, Book 2]
Qualifying Circumstance: If the maintainer,
conductor or banker of said gambling
schemes is a government official, or where
such government official is the player,
promoter, referee, umpire, judge or coach,
the official shall be temporarily absolutely
disqualified and higher penalty will be
imposed [Sec. 1(c), PD 1602]
5. Failing to abate illegal gambling or take
action in connection therewith by a
Barangay official who has knowledge of
the existence of a gambling house or place
in his jurisdiction.
6. Any Security officer, security guard,
watchman, private or house detective of
hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling
activities are being held.
Spectators are Not Liable in Gambling
A mere bystander or spectator in a gambling
game is not criminally liable because he does
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905)
Playing for Money is Not an Essential
Element
When the law names the games, punishing any
person who take part therein, its purpose is to
prohibit absolutely those games regardless
whether or not money is involved [REYES,
Book 2]
Page 171 of 277
CRIMINAL LAW
Informer’s Reward
Any person who shall disclose information that
will lead to the arrest and final conviction of the
malefactor shall be rewarded 20% of the cash
money or articles of value confiscated or
forfeited. [Sec. 3, PD 1602]
Lottery
It is a scheme for the distribution of prizes by
chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize [U.S. v. Filart, G.R. No.
10263, (1915)]
Elements: [CCP]
1. Consideration;
2. Chance; and
3. Prize or some advantage or inequality in
amount or values which is in the nature of
a prize [Uy v. Palomar, G.R. No. L-23248,
(1969)]
No Lottery when there is Full Value of
Money
There is no lottery when there is full value for
money and the prize is merely incidental, this
is because the player obtains full value of his
money.
b. INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES (PD
9287)
Illegal Numbers Game
Any form of illegal gambling activity which uses
numbers or combinations thereof as factors in
giving out jackpots. [Sec. 2(a), RA 9287]
Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who participates
in any illegal numbers game who: [BS-VCC-
MFC]
1. Acts as a Bettor;
2. Acts as a Personnel or Staff of an illegal
numbers game operation;
3. Allows his Vehicle, house, building or land
to be used in the operation of the illegal
numbers games;
4. Acts as a Collector or agent;
U.P. BOC CRIMINAL LAW II
5. Acts as a Coordinator, controller or
supervisor;
6. Acts as a Maintainer, manager or operator;
7. Acts as a Financier or capitalist; and
8. Acts as protector or Coddler.
Possession of Gambling Paraphernalia as
Prima Facie evidence
Possession of any gambling paraphernalia and
other materials used in the illegal numbers
game operation shall be deemed prima facie
evidence of any offense covered by this Act.
[id.]
c. Article 196 – Importation, Sale and
Possession of Lottery Tickets and
Advertisements
Acts Punished: [IPSS]
1. Importing into the Philippines from any
foreign place or port any lottery ticket or
advertisement;
2. Possessing, knowingly and with intent to
use, lottery tickets or advertisements;
3. Selling or distributing the same in
connivance with the importer; and
4. Selling or distributing the same without
connivance with the importer [REYES,
Book 2]
Presumption of Intent
The possession of any lottery ticket or
advertisement is prima facie evidence of an
intent to sell, ditribute or use the same [Art. 196
(3), RPC]
Lottery Tickets Need Not be Genuine
It is not necessary that the lottery tickets be
genuine, as it is enough that they be given the
appearance of lottery tickets [U.S. vs. Reyes,
G.R. 7260, (1912)]
Page 172 of 277
CRIMINAL LAW
d. Article 197 – Betting in Sports
Contests (Repealed by PD 483)
PENALIZING BETTING, GAME
FIXING OR POINT-SHAVING
AND MACHINATIONS IN
SPORT CONTESTS (PD 483)
Prohibited Acts
Game-fixing, point-shaving, machination, as
defined in the preceding section, in connection
with the games of basketball, volleyball,
softball, baseball; chess, boxing bouts, "jai-
alai", "sipa", "pelota" and all other sports
contests, games or races; as well as betting
therein except as may be authorized by law
[Sec. 2, PD 483]
Betting
Betting money or any object or article of value
or representative of value upon the result of
any game, races and other sports contest.
[Sec. 1(a), PD 483]
Game-fixing
Any arrangement, combination, scheme or
agreement by which the result of any game,
races or sports contests shall be predicted
and/or known other than on the basis of the
honest playing skill or ability of the players or
participants. [Sec. 1(b), PD 483]
Point-shaving
Any such arrangement, combination, scheme
or agreement by which the skill or ability of any
player or participant in a game, races or sports
contests to make points or scores shall be
limited deliberately in order to influence the
result thereof in favor of one or other team,
player or participant therein. [Sec. 1(c), PD
483]
Game-machinations
Any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sport contest.
[Sec. 1(d), PD 483]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Offenders Punished [Sec. 3, PD 483]: [OOG] Days When Horse Racing is Allowed vs.
1. An Official, such as promoter, referee, Days when Horse Racing is NOT Allowed
umpire, judge, or coach in the game, race [RA 309 Sec. 4, as amended by Sec. 1, RA.
or sports contests, or the manager or 983]
sponsor of any participating team,
Days When Horse Days When Horse
individual or player therein, or participants
Racing is Permitted Racing is Not
or players in such games, races or other
[SSH - IRVTF] Permitted
sports contests;
[JD-VTF]
2. Any other Offender;
3. An official or employee of any Government
office or agency concerned with the 1. Sundays not 1. July 4th of each
enforcement or administration of laws and reserved by the year [RA 137]
regulations on sports. Commission; 2. December 30
2. 24 Saturdays as of each year
e. Article 198 – Illegal Betting On determined by the [RA 229]
Commission; and 3. Any registration
Horse Races [Repealed by Act. 3. Legal Holidays, or Voting day
309, as amended by RA 983] except: [RA 180]
a. Independence 4. Holy Thursday
Acts Punished: [BM] Day; and Good
1. Betting on horse races during the periods b. Rizal Day; Friday
not allowed by law; and c. Registration or
2. Maintaining or employing a totalizer or Voting day;
other device or profit therefrom, during d. Holy Thursday;
periods not allowed by law. and
e. Good Friday
Games and Amusements Board
The supervision and regulation of horse-races
in the Philippines shall be vested in a Race held the Same Day is a Separate
Commission on Races (now called the Games Offense
and Amusements Board) [RA 309, as Any race held in the same day at the same
amended by RA 983] place shall be held punishable as a separate
offense [Art. 198(2), RPC]
Totalizer
A Machine for registering and indicating the f. Article 199 – Illegal Cockfighting
number and nature of bets made on horse [amended by PD 449]
races. [id.]
Cockfighting
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]

Persons Liable [Art. 199, as amended by PD

449]: [DOrC-FA]
1. Any person who directly or indirectly
participates in cockfights, by betting money
or other valuable things on a Day other
than those permitted by law;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Any person who directly or indirectly,
Organizes cockfights at which bets are
made, on a day other than those permitted
by law;
3. Any person who directly or indirectly
participates in cockfights, at a place other
than a licensed Cockpit.
4. When the offender is the Financer, owner,
manger or operator of cockpit, or the gaffer,
referee or bet taker in cockfights; or
5. Allowing, promoting or participating in any
other kind of gambling in the premises of
cockfights during cockfights.
Days Cockfighting is allowed [Sec. 5(d), PD
449]:
1. Sundays;
2. Legal Holidays, EXCEPT:
a. Rizal Day;
b. Independence Day;
c. National Heroes Day;
d. Holy Thursday;
e. Good Friday;
f. Election or Referendum Day; and
g. During the Registration Days for
Election or Referendum;
3. During local fiestas for not more than 3
days; and
4. During provincial, city or municipal,
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of
3 days
Spectators in a Cockfight Are Not Liable
The decree [PD 449] does not punish a person
attending as a spectator in a cockfight.
[REYES, Book 2]
2. Chapter II: Offenses Against
Decency and Good Customs
3. The highly scandalous conduct is Not
expressly falling within any other Art. of the
RPC; and
4. The act/s complained of be committed in a
Public place or within the Public knowledge
or view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Grave Scandal
Consists of acts which are offensive to decency
and good customs which, having been
committed publicly, have given rise to public
scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
Decency
Propriety of conduct, proper observance of the
requirement of modesty, good taste, etc. [id.]
Customs
Established usage and social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof [id.]
Act/s Must be Performed In:
1. Public place; or
2. Private place within public knowledge or
view [U.S. v. Samaniego, G.R. No. 5115,
(1909)]
Public Place vs. Private Place [REYES, Book
2]
Public Place Private Place
Public View Requirement
Public view is not Public view or public
required knowledge is
required.
Degree of Publicity

a. Article 200 – Grave Scandal Criminal Liability Degree of publicity is

arises irrespective of an essential element
Elements: [PSNP] whether the immoral of the crime.
1. The offender Performs an act/acts; act is open to the
2. Such act/s are highly Scandalous as public’s view.
offending against decency or good
customs; NOTE: When the act is committed at night, in
a private house, and only one person was

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U.P. BOC CRIMINAL LAW II
present, this does not constitute the degree of
publicity which is an essential element of the
crime [U.S. v. Catajay, G.R. No. 2785, (1906)]
b. Article 201 – Immoral Doctrines,
Obscene Publications and
Exhibitions and Indecent Shows
(as amended by PD 960 and 969)
Persons Liable: [PA-ExGSRDC-S]
1. Those who shall Publicly expound or
proclaim doctrines openly contrary to
public morals;
2. Authors of obscene literature, published
with their knowledge in any form; the
editors publishing such literature; and the
owners/operators of the establishment
selling the same;
NOTE: Author is liable only when it is
published with his knowledge [REYES,
Book 2]
3. Those who, in theaters, fairs,
cinematographs or any other place,
Exhibit, indecent or immoral plays, scenes,
acts or shows, whether live or in film, which
are prescribed by virtue hereof, and shall
include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy
the market for violence, lust or
pornography;
c. Offend any race or Religion;
d. Tend to abet traffic in and use of
prohibited Drugs; and
e. Contrary to law, public order, morals,
and good customs, established
policies, lawful orders, decrees and
edicts
4. Those who shall Sell, give away or exhibit
films, prints, engravings, sculpture or
literature which are offensive to morals.
Distribution is the Act Punished
Hence, the isolated, casual or occasional act of
giving such kind of literature to a single
recipient is not punishable. [REYES, Book 2]
Page 175 of 277
CRIMINAL LAW
Definition of Terms:
1. Moral - Implies conformity with the
generally accepted standards of goodness
or rightness in conduct or character,
sometimes, specifically to sexual conduct
[Id.]
2. Indecency - An act against the good
behavior and a just delicacy [id.]
3. Obscenity - Something offensive to
chastity, decency or delicacy [U.S. v.
Kottinger, G.R. No. L-20569, (1923)]
Publicity is Essential to be Liable
Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is
not punishable since the purpose of the law is
to prohibit the dissemination of obscene
materials to the public. [Fernando v. CA, G.R.
No. 159751, (2006)]
Mere Nudity in Pictures or Paintings is Not
Obscenity
The proper test is whether the motive of the
picture, as indicated by it is pure or impure
[People vs. Serrano, CA-G.R. No. 5566-R,
(1950)]
c. Article 202 – Vagrants and
Prostitutes (as amended by RA
10158)
Vagrancy [REYES, Book 2]
The loitering around of a person in public or
private places, without apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling. They may be:
1. An Idle or dissolute person who lodges in
houses of ill-fame
2. Ruffian or pimp; or
3. One who habitually associates with
prostitutes.
NOTE: RA 10158 has decriminalized
Vagrancy, thus Art. 202 now penalizes
prostitution only and all pending cases that that
were or are under the provisions of Article 202
of the RPC on Vagrancy prior to its amendment
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

by this RA 10158 shall be dismissed upon instead uses

effectivity of the Act. [Sec. 2, RA 10158] begging as a means
of living.
Mendicancy Law [PD 1563]
Mendicant
Refers to any person, except those
enumerated in Section 4 of PD 1563 who has
no visible and legal means of support, or lawful
employment and who is physically able to work
but neglects to apply himself to some lawful
calling and instead uses begging as a means
of living [Sec. 3 (a), PD No. 1563] Prostitution [Art. 202(2), RPC]
A woman is a prostitute when:
Persons Not Considered as Mendicants: [I- 1. She Habitually indulges in:
8-15] a. Sexual intercourse, or
1. Infants; b. Lascivious conduct
2. Child below 8 yrs. found begging or utilized 2. For Money or profit.
by the Mendicant; and
3. Minor over 9 yrs., under 15 found: The Following are NOT Acts of Prostitution:
a. Begging or is being utilized for the 1. One sexual encounter for money does not
purposes of begging; and make a woman a prostitute [REYES, Book
b. Acted without discernment [Sec. 4, PD 2]
No. 1563] 2. Several intercourses with different men
does not make a woman a prostitute, if
Persons Liable Under the Mendicancy Law: there is no evidence that she indulged in
[MA] sexual intercourse for money or profit. [id.]
1. Mendicant;
2. Any person who Abets mendicancy by G. CRIMES COMMITTED
giving alms directly to mendicants,
exploited infants and minors on public BY PUBLIC OFFICERS
roads, sidewalks, parks and bridges shall
be punished by a fine. RPC may be given extra-territorial application
under Article 2 (5) for these crimes.
Vagrancy vs. Mendicancy
Vagrancy Mendicancy 1. Chapter I: Preliminary
[Art. 202, RPC] [Sec. 3(a), PD. Provisions
1563]

As to Offender a. Article 203 – Who Are Public

Officers
Without apparent Without apparent
means of means of support, Elements [P-SEA-LEA]:
subsistence, who or lawful A public officer is one who:
has the physical employment and 1. Takes part in the Performance of public
ability to work and who is physically functions in the government;
who neglects to able to work but 2. Performs in said government or in any of its
apply himself or neglects to apply branches public duties as an Employee,
herself to some himself to some Agent or Subordinate official, of any rank
lawful calling. lawful calling and or class; and

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. His authority to take part in the 2. Chapter II: Malfeasance and

performance of public functions or to
perform public duties must be: Misfeasance in Office
a. By direct provision of the Law;
b. By popular Election; or Malfeasance (Direct Bribery and Indirect
c. By Appointment by competent Bribery) The performance of an act which
authority ought not to be done [REYES, Book 2]

“Public Officers” Includes Every Public
Servant
The term “public officers” embraces every
public servant from the highest to lowest rank.
The distinction between “officer” and
“employee” for the purposes of the RPC is
obliterated. [Macalino v. Sandiganbayan, G.R.
Nos. 140199-200 (2002)]
It includes elective and appointive officials and
employees, permanent or temporary:
1. Career or non-career service, including
military and police personnel, whether
compensated or not [Sec. 3(b), RA 6713]
2. Classified or unclassified or exempt service
receiving compensation, even nominal,
from the government. [Sec. 2(c), RA 3019]
What are Considered “Official Duties”
Includes those which are in one’s capacity to
perform by reason of his office. [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)]
Misfeasance (see Arts 204-207: acts by a
judge) Improper performance of some act
which might lawfully be done [id.]
Nonfeasance (Prosecution)
Omission of some act which ought to be
performed [id.]
SECTION 1. DERELICTION OF DUTY
a. Article 204 – Knowingly Rendering
Unjust Judgment; and
b. Article 205 – Judgment Rendered
Through Negligence
Elements
Knowingly Rendering Judgement Rendered
Unjust Judgement Through Negligence
(Art. 204) [JSUK] (Art. 205) [JSMN]
1. Offender is a Judge

Coverage of GOCCs 2. He renders a judgment in a case Submitted

to him for decision
GOCCs created by law are covered while
GOCCs registered with the SEC (including 3. Judgment is Unjust 3. Judgment is
sequestered companies) are not. [Macalino v. Manifestly unjust
Sandiganbayan, G.R. Nos. 140199-200
(2002)] 4. Judge Knows that 4. It is due to his
his judgment is inexcusable
Based on RA 8249, presidents, directors, unjust Negligence or
ignorance
trustees, and managers of all GOCCs,
regardless of type, are subject to the As to Requirement of Bad Faith
jurisdiction of the Sandiganbayan when they
are involved in graft and corruption. [People v. Required. Accordingly, Not required 205
SB, G.R. No. 167304 (2009)] mere error which was because it is based on
committed in good negligence or
faith is a proper ignorance.
defense [Heirs of
Yasin v. Felix, A.M.
No. RTJ-94-1167
(1995)].

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Judgment Not Applicable to Collegiate Courts

A final order which disposes of the whole The offense refers only to a judgment of an
subject matter or terminates a particular individual judge in his court, and not to the
proceeding or action, leaving nothing to be judgment rendered in a collegial court by the
done but to enforce by execution what has members thereof. [In Re: Wenceslao Laureta,
been determined [Funk v. Santos Ventura G.R. No. L-68635 (1987); In Re: Joaquin T.
Hocorma Foundation, Inc, G.R. No. 212346 Borromeo, A.M. No. 93-7-696-0 (1995)]
(2016)]
Rationale: This is because collegiate courts
Test to Determine an Unjust Order or reach their collective judgement after due
Judgment deliberation and consultation among the
The test to determine whether an order or members. [id.]
judgment is unjust is that such may be inferred
from the circumstances that it is contrary to law c. Article 206 – Unjust Interlocutory
or is not supported by evidence. [Louis Vuitton Order
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
(1992)] Elements [J-KuMi]:
1. Offender is a Judge; and
Unjust v. Manifestly Unjust Judgement 2. He performs any of the following acts:
[REYES, Book 2] a. Knowingly rendering an unjust
Unjust Judgement Manifestly Unjust interlocutory order or decree; or
Judgement b. Rendering a Manifestly unjust
interlocutory order or decree through
One which is One which is so inexcusable negligence or ignorance.
contrary to law or is manifestly contrary
not supported by the to law that even a Interlocutory Orders
evidence, or both. person having basic If the order leaves something to be done in the
knowledge of the trial court with respect to the merits of the case,
law cannot doubt the it is interlocutory. If it does not, it is final.
injustice. Abuse of [Miranda v. CA, G.R. No. L-33007 (1976)]
discretion or mere
error of judgment is d. Article 207 – Malicious Delay in the
not punishable. Administration of Justice

Sources of Unjust Judgement [ERB] Elements [JP-DeM]:

1. Error, 1. Offender is a Judge;
2. Ill will or Revenge, or 2. There is a Proceeding in his court;
3. Bribery. [REYES, Book 2] 3. He Delays in the administration of justice;
and
Declaration that Decision/Order is Unjust 4. The delay is Malicious, that is, with
Before a criminal action against a judge for deliberate intent to inflict damage on either
violation of Articles 204 and 205 can be party in the case.
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v.
Pelayo, G.R. No. 137354 (2000)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

e. Article 208 – Prosecution of committed by the law violator must be proved

Offenses; Negligence and first. [US v. Mendoza, G.R. No. 7540 (1912)]
Tolerance
Liability of Offender
1. Liability is as a principal in dereliction of
Punishable Acts [RT]:
duty not merely an accessory to the crime
1. Maliciously Refraining from instituting
[REYES, Book 2]
prosecution against violators of the law; or
2. Liability under PD 1829 (Penalizing
2. Maliciously Tolerating the commission of
obstruction of apprehension and
offenses.
prosecution of criminal offenders) - any
person who solicits, accepts, or agrees to
Elements:
accepting any benefit in consideration of
Mode 1: Refraining Mode 2: Tolerating abstaining from, discounting, or impeding
from Instituting the Commission of the prosecution of a criminal offender is
Prosecution [PNM] Offenses [PTM] liable [Sec. 1(g), PD 1829].

1. Offender is a public officer or officer of

f. Article 209 – Betrayal of Trust by
the law who has a duty to cause the
Prosecution of, or to prosecute,
an Attorney or a Solicitor –
offenses; Revelation of Secrets

2. Dereliction of 2. Dereliction of Punishable Acts [DRO]:

duty: knowing the duty: knowing that a 1. Causing Damage to his client, either—
commission of the crime is about to be a. By any malicious breach of
crime, he does Not committed, he professional duty;
cause the Tolerates its b. By inexcusable negligence or
prosecution of the commission ignorance.
criminal 2. Revealing any of the secrets of his client
learned by him in his professional capacity;
3. Malice and deliberate intent to favor the 3. Undertaking the defense of the Opposing
violator of the law party in the same case, without the consent
of his first client,
Who are Public Officers a. After having undertaken the defense of
Officers of the prosecution department, whose said first client, or
duty is to institute criminal proceedings for b. After having received confidential
felonies upon being informed of their information from said client.
perpetration (e.g., city attorney, fiscal).
[REYES, Book 2]

Who are Officers of the Law

Those who, by reason of the position held by
them, are duty-bound to cause prosecution and
punishment of offenders (e.g., chief of police,
barrio captain) [id.]

Crime Must Be Proven

“Negligence” means neglect of duty by
maliciously failing to move the prosecution and
punishment of the delinquent. The crime

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Requirement of Damage [REYES, Book 2] Elements:

Mode 1: Mode 2: Mode 3: Mode 1: Mode 2: Mode 3:
Malicious Revealing Undertaking Agreeing to Execution Agreeing to
Breach or of Secrets Defense of commit/ of an Act refrain/refraini
Inexcusable Opposing committing that is ng from doing
Negligence Party a Crime unjust but his duty
[PACD] is not a [PARD]
Required; Not Not crime
without required; required; [PAUD]
damage, at revelation what is
most he will be in itself is punished is 1. Offender is a Public officer under Article
liable punishable the taking of 203
administratively [Id]. the case
2. Accepts 2. Accepts 2. Accepts an
liable (e.g., without the
an offer or a a Gift or offer or a
suspension or consent of
promise or present by promise or
disbarment his 1st client.
receives a himself or receives a gift
under the
gift or through or present by
CPR)
present by another himself or
himself or through
Privileged Communication only covers Past through another
Crimes another
A distinction must be made between
confidential communications relating to past 3.In 3. In 3. In
crimes already committed, and future crimes consideratio consideratio consideration
intended to be committed by the client. The n of which, n of which, of which, he
attorney-client privilege only covers past he agrees he agrees agrees to
crimes. [People v. Sandiganbayan, supra.] to perform to execute Refrain from
an act an act doing
SECTION 2. BRIBERY constituting which does something
a Crime not which it is his
g. Article 210 – Direct Bribery constitute a official duty to
crime, but do
Punishable Acts [CER]: the act
must be
1. Agreeing to perform/performing, in
Unjust
consideration of any offer, promise, gift, or
present – an act constituting a Crime in
4. The act which offender agrees to perform
connection with the performance of his
or which he executes be connected with the
official duty
performance of his official Duties
2. Accepting a gift in consideration of the
Execution of an act which does not As to Acceptance of Gift
constitute a crime, in connection with the
performance of his official duty
3. Agreeing to Refrain/refraining from doing
something in his official duty in
consideration of a gift or promise

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Not Required. Not required Direct Bribery vs. Sec 3(b) of RA 3019
required The gift (acceptance of Direct Bribery Sec 3(b) RA 3019
(acceptanc must have offer is [Art 210, RPC]
e of offer is a value or sufficient).
sufficient). must be As to Promise or Gift
capable of
pecuniary Acceptance of a Mere request or
estimation. promise or offer or demand of a gift,
It cannot receipt of a gift or present, share,
consist of a present is required percentage or
mere offer benefit is enough
or promise
As to Scope
of a gift.
[REYES, Wider and more Limited to contracts
Book 2] general scope: or transactions
a. Performance of involving monetary
No Stage of Frustrated Bribery an act constituting a consideration where
If one party does not concur, then there is no crime; the public officer has
agreement and not all the acts necessary to b. Execution of an the authority to
commit the crime were present. [Regalado] unjust act which intervene under the
does not constitute a law.
Temporary Performance of Public crime; and
Functions c. Agreeing to
Temporary performance of public functions is refrain or refraining
sufficient to constitute a person a public officer from doing an act
for purposes of bribery. [Maniego v. People, which is his official
G.R. No. L-2971 (1951)] duty to do.
[Merencillo v. People, G.R. No. 142369-70,
Bribery exists when the gift is: (2007)]
1. Voluntarily offered by a private person;
2. Solicited by the public officer and h. Article 211 – Indirect Bribery
voluntarily delivered by the private person;
or
Elements [PuGO]:
3. Solicited by the public officer but the private
1. Offender is a Public officer;
person delivers it out of fear of the
2. He accepts Gifts;
consequences should the public officer
3. Gifts are offered to him by reason of his
perform his functions (here the crime by the
Office.
giver does not fall under corruption of
public officials due to the involuntariness of
Direct Bribery vs. Indirect Bribery
the act). [People v. Sope, G.R. No. L-16
(1946)] Direct Bribery Indirect Bribery
[Art 210] [Art 211]

As to Requirement Acceptance of Gift

Mere acceptance of The gift must be

the promise or offer accepted by the
of such gift public officer. The
consummates the acceptance of a

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

bribery and dereliction of duty. [REYES, Book

crime (1st and 3rd mere promise or
2]
modes). offer of such gift
Acceptance of the does not make a
public officer liable Guilt of Offender is a Prejudicial Question
gift is only
under Art 211. The guilt of the offender is a prejudicial
necessary for the
question to the liability of the officer for qualified
2nd mode.
bribery. [US v. Mendoza, G.R. No. 7540
Reason for the Gifts/Promise/Offer (1912)]

In consideration of By reason of his Qualifying Circumstance

the agreement of office and not for the If it is the public officer who demands or asks
the officer to performance of a for such gift, the penalty is death. [Art. 211-A,
perform or refrain specific act. RPC]
from doing an act or
the commission of a j. Article 212 – Corruption of Public
crime. Officials

No Frustrated or Attempted Stages Elements [OB]:

Always in the consummated stage. [REYES, 1. Offender makes Offers or promises or
Book 2] gives gifts or presents to a public officer;
and
Mere Physical Receipt is Insufficient 2. Offers or promises are made or the gifts or
There must be clear intention on the part of the presents given to a public officer, under
public officer to take the gift offered and circumstances that will make the public
consider the property as his own for that officer liable for direct Bribery or indirect
moment. Mere physical receipt bribery.
unaccompanied by any other sign,
circumstance or act to show such acceptance Offeror is Punished
is not sufficient. [Formilleza v. Sandiganbayan, The offender is the giver of the gift or the offeror
G.R. No. 75160 (1988)] of the promise. This applies even if the gift was
demanded by the public officer. [REYES, Book
i. Article 211-A – Qualified Bribery 2]

Elements [LAC]: Distinguished from Bribery – Provisions

1. Offender is a public officer entrusted with
Law enforcement;
2. He refrains from Arresting or prosecuting
an offender who has committed a crime
punishable by reclusion perpetua and/or
death;
3. Offender refrains from arresting or
prosecuting in Consideration of any offer,
promise, gift, or present.
penalizing Bribery punishes the public officer
and not the offeror
No Frustrated Stage
There is no frustrated corruption or bribery
because both crimes require the concurrence
of the will of the corruptor and public officer.
[BOADO]

Effect if Penalty Imposable is Lower than

Reclusion Perpetua or Death
If the penalty imposed is lower than reclusion
perpetua and/or death, the crime is direct

Page 182 of 277

U.P. BOC CRIMINAL LAW II
3. Chapter III: Frauds and Illegal
Exactions and Transactions
a. Article 213 – Fraud Against the
Public Treasury and Similar
Offenses
Punishable Acts: [EnD-ReC]
1. Entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds;
2. Demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in collection
of taxes, licenses, fees, and other imposts;
3. Failing voluntarily to issue a Receipt, as
provided by law, for any sum of money
collected by him officially, in the collection
of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts.
Elements of Fraud against Public Treasury
(par.1) [POED]:
1. Offender is a Public officer
2. He took advantage of his public office; he
intervened in the transaction in his Official
capacity
3. He Entered into an agreement with any
interested party or speculator or made use
of any other scheme with regard to:
a. Furnishing supplies
b. The making of contracts or
c. Adjustment or settlement of accounts
relating to public property or funds
4. Accused had intent to Defraud the
Government.
Page 183 of 277
CRIMINAL LAW
Not necessary for Government to Actually
be Defrauded
It is consummated by merely entering into
agreement or by merely making use of other
schemes to defraud the government. [REYES,
Book 2]
Elements of Illegal Exactions (par.2-4) [C-
DRC]:
1. Offender is a public officer entrusted with
the Collection of taxes, licenses, fees and
other imposts;
2. He is guilty of the following acts or
omissions:
a. Demanding directly or indirectly,
payment of sums different from or
larger than those by law;
b. Failing voluntarily to issue a Receipt as
provided by law, for any sum of money
collected by him officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or object of a nature
different from that provided by law
Persons Liable
General Rule: Only specific public officers are
liable and this can only be committed
principally by a public officer whose official duty
is to collect taxes, license fees, import duties
and other dues payable to the government.
[Art. 213, RPC]
Exception: BIR and Customs employees are
not covered by the article. The NIRC or the
Revised Administrative Code is the applicable
law. [BOADO]
Receipt must be an Official Receipt
The act of receiving payment due the
government without issuing a receipt will give
rise to illegal exaction even though a
provisional receipt has been issued. What the
law requires is a receipt in the form prescribed
by law, which means official receipt.
When Estafa instead of Illegal Exaction
When there is deceit in demanding a greater
fee than those prescribed by law, the crime
U.P. BOC CRIMINAL LAW II
committed is estafa and not illegal exaction.
[US v. Lopez, G.R. No. L-3968 (1908)]
b. Article 214 – Other Frauds
Elements [PACo]:
1. Offender is a Public officer;
2. He takes Advantage of his official position;
and
3. He Commits any of the frauds or deceits
enumerated in Article 315 to 318 (estafa,
other forms of swindling, swindling a minor,
other deceits).
Penalty of Special Disqualification
Additional penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification, apart from
the penalties imposed in Arts 315-318. [Art.
214, RPC]
c. Art. 215 – Prohibited Transactions
Elements [AIIJ]:
1. Offender is an Appointive public officer;
2. He becomes Interested, directly or
indirectly, in any transaction of exchange or
speculation;
3. He becomes interested during his
Incumbency; and
4. Transaction takes place within the territory
subject to his Jurisdiction;
Examples of Transactions of Exchange or
Speculation
Buying and selling stocks, commodities, land,
etc. wherein one hopes to take advantage of an
expected rise or fall in price. Although
purchasing of stocks or shares in a company is
a simple investment and not a violation of the
article, regularly buying securities for resale is
speculation. [REYES, Book 2]
d. Article 216 – Possession of
Prohibited Interest by a Public
Officer
Page 184 of 277
CRIMINAL LAW
Persons liable [PEG]:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene;
2. Experts, arbitrators, and private
accountants who, in like manner, took part
in any contract or transaction connected
with the estate or property in the appraisal,
distribution or adjudication of which they
had acted; and
3. Guardians and executors with respect to
the property belonging to their wards or the
estate.
Fraud is Not Necessary
The act is punished because of the possibility
that fraud may be committed or that the
offender will place his own interest above the
Government or the party he represents [US v.
Udarbe, G.R. No. 9945 (1914)]
Intervention by Virtue of Public Office
Intervention must be by virtue of the public
office held. The contracts the official intervenes
in must have a connection with his office.
[REYES, Book 2]
4. Chapter IV: Malversation of
Public Funds or Property
a. Article 217 – Malversation of Public
Funds or Property - Presumption
of Malversation
Modes [AT-PeM]:
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or
negligence, Permitting any other person to
take such public funds or property; and
4. Being otherwise guilty of the
Misappropriation or malversation of such
funds or property.
Elements Common to All Modes [PCPA]:
1. Offender is a Public officer;
U.P. BOC CRIMINAL LAW II
2. He had the Custody or control of funds or
property by reason of the duties of his
office;
3. He was accountable for Public funds or
property;
4. He Appropriated, took, misappropriated or
consented or, through abandonment or
negligence, permitted another person to
take them.
NOTE: Malversation is also called
embezzlement. [REYES, Book 2]
Appropriation
Appropriation involves every attempt to
dispose of public funds or property without a
right to do so. [Tabuena v. Sandiganbayan,
G.R. Nos. 103501-03 (1997)]
Can be Committed with Malice or Through
Negligence or Imprudence.
● Negligence - omission of reasonable care
and caution which an ordinary prudent
person would have used in the same
situation. The measure of negligence is the
standard of care commensurate with the
occasion. [Leano v. Domingo, G.R. No.
84378 (1998)]
● Good Faith as a Defense - For
malversation not committed through
negligence, good faith is a defense as it
negates criminal intent. [Quizo v.
Sandiganbayan, G.R. No. 77120 (1987)]
Persons Liable
General Rule: Offender is a Public Officer
Accountable Office - The nature of the duties of
the public officer, not the name of the office, is
controlling. Thus, a clerk who receives money
or property belonging to the government, in the
course of his employment, for which he is
bound to account, may be liable under Article
217. [Rueda v. Sandiganbayan, G.R. No.
129064 (2000)]
Exception: Private persons may also
commit malversation. Such as when a private
person: [CoA-CuD]
1. Acts in Conspiracy with a public officer in
committing malversation;
Page 185 of 277
CRIMINAL LAW
2. Has become an Accomplice or accessory
to a public officer who commits
malversation;
3. Is made the Custodian in whatever
capacity of public funds or property,
whether belonging to national or local
government, and he misappropriates the
same [Article 222, RPC]; or
4. Is constituted as the Depositary or
administrator of funds or property seized or
attached by public authority even though
said funds or property belong to a private
individual [Article 222, RPC].
Sheriffs and receivers are included.
They fall under the term “administrator.”
[REYES, Book 2]
Judicial Administrator Not Covered
A judicial administrator in charge of settling the
estate of the deceased is not covered by the
article. Conversion of effects in his trust makes
him liable for estafa. [REYES, Book 2]
Private Property Covered
Private property is included, provided it is:
1. Attached;
2. Seized; or
3. Deposited by public authority. [REYES,
Book 2]
Presumption of Misappropriation
When a demand is made upon an accountable
officer and he cannot produce the fund or
property involved, there is a prima facie
presumption that he had converted the same to
his own use. [People v. Wa-Acon, G.R. No.
164575 (2006)]
Not Elements of Malversation
Demand as well as damage to the government
are not necessary elements. Demand merely
raises a prima facie presumption that missing
funds have been put to personal use. Damage
to the government is immaterial because the
penalty is based on the amount involved.
[Morong Water District v. Office of the Deputy
Ombudsman, G.R. No. 116754 (2000)]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Direct Evidence Not Required for Need for Damage

Conviction
An accountable public officer may be convicted Not required Required
even in the absence of direct evidence, where
he has not been able to satisfactorily explain Necessity of Prior Demand
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)] Not necessary Required
[REYES, Book 2]
Restitution
Returning the malversed funds is not Malversation, Estafa, and Qualified Theft of
exempting, it is only mitigating. [Perez v Public Funds/Property [BOADO]
People, 544 SCRA 532]
Malversation Estafa Qualified
When Crime is Estafa instead of [Art. 217] [Art. 315] Theft [Art.
Malversation 310]
The funds or property must be received in an
As to Offender
official capacity, in which case, the crime is
Malversation. Otherwise, the crime committed Accountable Offender who Offender who
is estafa. [US v. Solis, G.R. No. L-2828 (1906)] Public Officer is not has mere
accountable physical
Malversation v. Estafa and has possession
Malversation [Art Estafa [Art. 315] acquired and took the
217] juridical property with
possession abuse of
Nature of Funds thereof and confidence
took it with
Public Private abuse of
confidence or
As to the Offender
deceit
Offender is usually a Offender is a private
public officer who is individual or even a b. Article 218 – Failure of
accountable for the public officer who is
Accountable Officer to Render
public funds/property not accountable for
public funds/property Accounts

Means of Commission Elements [PART]:

1. Offender is Public officer, whether in the
Crime is committed Crime is committed service or separated therefrom by
by appropriating, by misappropriating, resignation or any other cause;
taking, or converting, or 2. He is an Accountable officer for public
misappropriating/co denying having funds or property;
nsenting or through received money, 3. He is Required by law or regulation to
abandonment or goods or other render account to the Commission on
negligence, personal property Audit, or to a provincial auditor;
permitting any other 4. He fails to do so for a period of Two months
person to take the after such accounts should be rendered.
public
funds/property

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Demand and Misappropriation Not Malversation v. Technical Malversation

Necessary [Boado]
It is also not essential that there be
Malversation Technical
misappropriation because if present, the crime
(Art 217) Malversation (Art
would be malversation. [REYES, Book 2]
220)

c. Article 219 – Failure of a Nature of Funds

Responsible Public Officer to
Render Accounts Before Leaving Public Funds
the Country As to the Offender

Elements [PAU]: Accountable Public Officers

1. Offender is a Public officer;
2. He is an Accountable officer for public Appropriation of Funds
funds or property;
3. He Unlawfully leaves or attempts to leave No such requirement Must be appropriated
the Philippine Islands without securing a by Law or Ordinance
certificate from the Commission on Audit
What is Done with the Funds
showing that his accounts have been finally
settled. Applied to personal Applied to public use
Leaving must be Unlawful use and benefit of the other than what it
The act of leaving the country must be offender or another was appropriated for
unauthorized or not permitted by law. [REYES, person
Book 2]
Good faith as a Defense
d. Article 220 – Illegal Use of Public
Funds or Property For malversation not Good faith is not a
committed through defense. Technical
Elements [P-PAO]: negligence, good malversation is
1. Offender is a Public officer; faith is a defense as it malum prohibitum.
2. There are Public funds or property under negates criminal [Ysidoro v. People,
his administration; intent. [Quizo v. 685 SCRA 637].
3. Such fund or property were Appropriated Sandiganbayan,
by law or ordinance; G.R. No. 77120
4. He applies such public fund or property to (1987)]
any public use Other than for which it was
appropriated for. e. Article 221 - Failure to Make
Delivery of Public Funds or
Technical Malversation
Property
Illegal use of public funds or property is also
known as technical malversation. The term
Punishable Acts [FaR]:
technical malversation is used because in this
1. Failing to make payment by a public officer
crime, the fund or property involved is already
who is under the obligation to make such
appropriated or earmarked for a certain public
payment from Government funds in his
purpose. Despite the public purpose, the act is
possession
punished because it remains a violation of the
2. Refusing to make delivery by a public
appropriations law [REYES, Book 2].
officer who has been ordered by competent

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

authority to deliver any property in his 5. Chapter V: Infidelity of Public

custody or under his administration
Officers
Elements:
SECTION 1. INFIDELITY IN THE CUSTODY
Mode 1: Failing to Mode 2: Refusing OF PRISONERS
Make Payment to make delivery
[PPM] [PDM] a. Article 223 – Conniving With or
1. Public officer has government funds in his Consenting to Evasion
possession

2. Obligation to 2. Obligation to Elements [P-CEC]:

make Payment from Deliver any property
such funds in his custody or
under his
administration
3. Maliciously fails to perform the obligation
1. Offender is a Public officer;
2. He had in his Custody or charge a prisoner,
either detention prisoner or prisoner by
final judgment;
3. Such prisoner Escaped from his custody;
4. He was in Connivance with the prisoner in
the latter’s escape. (“shall consent to the
escape”)

Basis of Penalty Classes of Prisoners Involved [FD]

● Failure to make payment: fine shall be 5 to
25% of the amount he fails to pay
● Refusal to make delivery. [Art. 221(1)(2),
RPC]
f. Article 222 – Officers Included in
the Preceding Provisions
NOTE: This article provides that private
individuals may also be held liable for the
crimes under Art 217 to 221.
Officers Include:
1. Private individuals who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property
2. Administrator or depositary of funds or
property that has been attached, seized or
deposited by public authority, even if
owned by a private individual.
SEE: Art. 217 for extensive discussion
1. Those sentenced by Final judgment; and
2. Detention prisoners who are temporarily
held in legal custody
What is Not Considered as Infidelity in
Custody
Leniency, laxity, and release of a detention
prisoner who could not be delivered to judicial
authorities within the time fixed by law is not
infidelity in the custody of a prisoner. [People v.
Lancanan, G.R. No. L-6805 (1954)]
Actual Evasion Even Without Actual
Escape
There is real actual evasion of service of a
sentence when the custodian permits the
prisoner to obtain a relaxation in his
imprisonment and to escape the punishment of
being deprived of his liberty, thus making the
penalty ineffectual, although the convict may
not have fled. This includes allowing prisoners
to sleep and eat in the officer’s house or utilize
the prisoner’s services for domestic chores.
[US v. Bandino, G.R. No. 9964 (1915)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Consenting to Evasion v. Delivering Liability of Escaping Prisoner:

Prisoners From Jail ● If he is a prisoner by final judgment -
liable for evasion of service (Art. 157)
Consenting to Delivering
● If he is a detention prisoner - he does not
Evasion Prisoners from Jail
incur criminal liability [REYES, Book 2]
[Art. 223] [Art. 156]

As to Who may Commit c. Article 225 – Escape of Prisoner

under the Custody of a Person Not
By a public officer By an outsider or by a Public Officer
having the legal a public officer who
charge or custody of does NOT have the Elements [PCE-CN]:
a prisoner. official charge or 1. Offender is a Private person;
custody of the 2. Conveyance or custody of a prisoner or
prisoner. person under arrest is confided to him;
3. Prisoner or person under arrest Escapes;
As to the Manner of Commission
4. Offender Consents to the escape, or that
By conniving or By removing from the escape takes place through his
consenting to the jail a prisoner Negligence.
escape of a confined therein or
prisoner. helping in the Not Applicable if Private Person made the
escape of such Arrest
prisoner. Art. 225 is not applicable if a private person
was the one who made the arrest and he
[AMURAO] consented to the escape of the person he
arrested. [REYES, Book 2]
b. Article 224 – Evasion through
Negligence Consenting to Evasion vs. Delivering
Prisoners from Jail
Elements [P-CoN]:
Consenting to Delivering
1. Offender is a Public officer;
Evasion Prisoners from Jail
2. He is charged with the Conveyance or
[Art. 225] [Art. 156]
custody of a detention prisoner or prisoner
by final judgment; As to who may Commit
3. Such prisoner escapes through Negligence
By a Private Person By an outsider or by
Deliberate Non-performance of Duty who acts as a a public officer who
This covers only positive carelessness and custodian of the does NOT have the
definite laxity which amounts to deliberate non- Prisoner. official charge or
performance of duties. [Rodillas v. custody of the
Sandiganbayan, G.R. No. L-58652 (1988)] prisoner.

Recapture does not lead to exculpation

The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation. [REYES,
Book 2]

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U.P. BOC CRIMINAL LAW II
SECTION 2. INFIDELITY IN THE CUSTODY
OF DOCUMENTS
d. Article 226 – Removal,
Concealment, or Destruction of
Documents
Elements [P-ReDeCo-ED]:
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
document or papers;
3. Said document or papers should have
been Entrusted to such public officer by
reason of his office;
4. Damage, whether serious or not, to a third
party or to the public interest has been
caused.
Offender Must be Officially Entrusted with
the Documents
Can only be committed by the public officer
who is made the custodian of the document in
his official capacity. If the offender is a private
individual, estafa is committed. [REYES, Book
2]
Removal Must be for Illicit Purpose
If the act of removal is done with lawful motives
such as to save the documents from imminent
danger of loss or destruction, there would be
no crime committed. However, illicit motive is
not required if the mode is concealment or
destruction. [REYES, Book 2]
Damage Caused
Damage in this article may consist in mere
alarm to the public or in the alienation of its
confidence in any branch of the government
service. [Kataniag v. People, G.R. No.48398
(1984)]
Documents
1. Documents must be complete and one
by which a right could be established or an
obligation could be extinguished. If the
writings are mere forms, there is no crime.
[People v. Camacho, G.R. No.18688
(1923)]
Page 190 of 277
CRIMINAL LAW
2. A book is not a document. A document is
a written instrument by which something is
proven or made of record [People v. Agnis,
G.R. No. L-19676 (1923)]
3. “Papers” - includes checks, promissory
notes, and paper money. [REYES, Book 2]
Consummated upon Removal
Removal is consummated upon taking or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been
accomplished. [Kataniag v. People, G.R.
No.48398 (1984)]
Delivery of Documents to Wrong Person
Delivering documents to the wrong party is
infidelity in the custody thereof. This could
cover failure on the part of the post office to
forward the letters to their destination. [REYES,
Book 2]
e. Article 227 – Officer Breaking Seal
Elements [P-CSB]:
1. Offender is a Public officer;
2. He is charged with the Custody of papers
or property;
3. These papers or property are Sealed by
proper authority;
4. He Breaks the seal or permits them to be
broken.
Damage/Intent to Cause Damage Not
Necessary
Where documents are sealed by competent
authorities, it is evident that the purpose
thereof is to ensure their preservation. It is
sufficient that the seal is broken, even if the
contents are not tampered with. [REYES, Book
2]
f. Article 228 – Opening of Closed
Documents
Elements [PoCON]:
1. Offender is a Public officer;
2. Any Closed papers, documents, or objects
are entrusted to his custody;
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. He Opens or permits to be opened said

closed papers, documents or objects; Revelation of Secrets v. Infidelity in the
4. He does Not have proper authority. Custody of Documents [REYES, Book 2]
Revelation of Infidelity in
Act should not be under Art 227
Secrets by an Custody of
If the public officer had to break a seal to open
Officer (Art 229) Documents/Papers
the closed document, he is liable under Art 227.
by Removing the
[REYES, Book 2]
Same (Art 226)
g. Article 229 – Revelation of Secrets Content of the Papers
by an Officer
Papers contain Papers do not
Punishable Acts [ReD]: secrets /papers contain secrets.
1. Revealing any secrets known to the which should not be
offending public officer by reason of his published.
official capacity
2. Wrongfully Delivering papers or copies of Damage Involved
papers of which he has charge and which
should not be published Damage is to public Damage is to public
interest interest or third
Elements: persons

Mode 1: Revelation Mode 2: Wrongful

of Secrets delivery of papers h. Article 230 – Public Officers
[P-SRD] [P-PWD] Revealing Secrets of Private
Individuals
1.Offender is a Public officer
Elements [PSR]:
2. He knows of a 2. He has charge of
1. Offender is a Public officer;
Secret by reason of Papers which should
2. He knows of the Secrets of a private
his official capacity not be published
individual by reason of his office;
3. He Reveals such secrets without authority
Secrets must affect Custody Required
or justifiable reason.
public interest. If “Charge” - means
the secret revealed custody or control. If
When the Offender is a Lawyer
does not involve he is merely
When the offender is a public attorney or a
public interest, no entrusted with the
solicitor, the act of revealing the secret should
crime is committed. papers and not with
not be covered by Art 209 (Betrayal of Trust).
Secrets of private the custody thereof,
[REYES, Book 2]
individuals are not he is not liable under
included. [REYES, this article.
Damage Not Necessary
Book 2]
Damage to private individual is not necessary.
3. He Reveals such 3. He Wrongfully The reason for this provision is to uphold faith
secret without delivers those and trust in public service. [REYES, Book 2]
authority or papers or copies
justifiable reasons thereof to a third
person

4. There is Damage to public interest

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Revelation of Secrets by an Officer v. Public Elements [PES-DiDi]:

Officer Revealing Secrets of Private 1. Offender is a Public officer;
Individual 2. An order is issued by his superior for
Execution;
Revelation of Public Officer
3. He Suspended the execution of such order;
Secrets by an Revealing Secrets
4. His superior Disapproves the suspension
Officer [Art 229] of a Private
Individual of the execution of the order; and
5. Offender Disobeys his superior despite the
[Art. 230]
disapproval of the suspension.
Nature of the Secret
Illegal Orders
Secret involves public Secret involves a This does not apply if the order of the superior
interest private individual is illegal. [Art 11(6), RPC]

Necessity for Damage c. Article 233 – Refusal of Assistance

Damage to public Damage is not
Elements [P-CoM]:
interest is essential essential
1. Offender is a Public officer;
2. A competent authority demands from the
6. Chapter VI: Other Offenses or offender that he lend his Cooperation
towards the administration of justice or
Irregularities by Public other public service;
Officers 3. Offender Maliciously fails to do so.

SECTION 1. DISOBEDIENCE, REFUSAL OF Official Duty of Public Officer

ASSISTANCE, AND MALTREATMENT OF To be liable, the public officer must have the
PRISONERS obligation, by reason of his office, to render
assistance in the administration of justice or
a. Article 231 – Open Disobedience other public service. [AMURAO]

Elements [Je-JWR]: Damage is Essential

1. Officer is a Judicial or executive officer;
2. There is a Judgment, decision or order of a
superior authority;
3. Such judgment, decision or order was
made Within the scope of the jurisdiction of
the superior authority and issued with all
the legal formalities;
4. He openly Refuses to execute the said
judgment, decision or order, which he is
duty bound to obey without any legal
justification.
b. Article 232 – Disobedience to the
Order of Superior Officer When
Said Order Was Suspended by
Inferior Officer
Damage to public interest or to a third party is
essential. Serious damage leads to a higher
penalty. [REYES, Book 2]
d. Article 234 – Refusal to Discharge
Elective Office
Elements [ERL]:
1. Offender is elected by popular Election to a
public office;
2. He Refuses to be sworn in or to discharge
the duties of said office;
3. There is no Legal motive for such refusal to
be sworn in or to discharge the duties of
said office.

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Only for Elective Officials Torture

Once an individual is elected to an office by the
will of the people, discharge of duties becomes
a matter of duty, not only a right. This only
applies for elective, not appointive officers.
[REYES, Book 2]
If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
[Section 15, RA 9745]

e. Article 235 – Maltreatment of SECTION 2. ANTICIPATION,

Prisoners PROLONGATION, AND ABANDONMENT
OF THE DUTIES AND POWERS OF PUBLIC
Elements [PCM]: OFFICE
1. Offender is a Public officer or employee;
2. He has under his Charge a prisoner or f. Article 236 – Anticipation of Duties
detention prisoner; of a Public Officer
3. He Maltreats such prisoner by overdoing
himself in the correction or handling of a Elements [ESAN]:
prisoner or detention prisoner under his 1. Offender is Entitled to hold a public office
charge by: or employment, either by election or
a. Imposition of punishment not appointment;
authorized by the regulations; 2. The law requires that he should first be
b. Inflicting such punishments Sworn in and/or should first give a bond;
(those authorized) in a cruel 3. He Assumes the performance of the duties
and humiliating manner. and powers of such office; and
c. Maltreating such prisoners to 4. He has Not taken his oath of office and/or
extort a confession or to obtain given the bond required by law.
some information from the
prisoner. Comparison Between Art 234 and Art 236
Refusal to Anticipation of
Offender Must Have Direct Custody
Discharge Elective Duties of a Public
This is committed only by such public officer Office Officer
charged with direct custody of the prisoner. [Art. 234] [Art. 236]
[Punzalan v. People, G.R. No.L-8820 (1956)]
As to Nature of Position
If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime Officer is elected Officer is elected or
is physical injuries. [REYES, Book 2] appointed

Cannot be Complexed with other Crimes As to Act Punished

Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or The officer, without The offender
legal motive, refuses assumes the
other crimes as the article says “in addition to
to be sworn in or performance of the
his liability for the physical injuries or damage
discharge the duties duties of the office
caused…” [AMURAO]
of his office. without having been
sworn in or giving
Qualifying Circumstance
the bond required by
If the maltreatment was done in order to extort
law.
confession, the penalty is qualified to the next
higher degree. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 237 – Prolonging Abandonment of Office v. Dereliction of

Performance of Duties and Powers Duty
Abandonment of Dereliction of Duty
Elements [PPC]: Office or Position (Art. 208)
1. Offender is holding a Public office; (Art. 238)
2. Period provided by law, regulations or As to Offender
special provision for holding such office,
has already expired; and Committed by any Committed only by
3. He Continues to exercise the duties and public officer public officers who
powers of such office. have the duty to
institute prosecution
Officers Covered for the punishment of
The offenders here are those who can be violations of the law
suspended, separated, declared over-aged, or As to Abandonment
dismissed. [REYES, Book 2]
There is actual Public officer does
abandonment not abandon his
h. Article 238 – Abandonment of
through resignation to office but merely fails
Office or Position evade the discharge to prosecute a
of duties violation of the law.
Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position; SECTION 3. USURPATION OF POWERS
3. His resignation has Not yet been accepted; AND UNLAWFUL APPOINTMENTS
and
4. He Abandons his office to the detriment of i. Article 239 – Usurpation of
public service. Legislative Powers

NOTE: Resignation must be written [REYES, Elements [EJ-MAS]:

Book 2]
Requisites for Resignation [InAA]
1. Intention to relinquish part of the term
2. Act of relinquishment
3. Acceptance by the proper authority [LRTA
v. Salvana, G.R. No. 192074 (2014)]
1. Offender is an Executive or Judicial officer,
who encroaches upon the powers of the
Legislative branch by:
a. Making general rules or regulations
beyond the scope of his authority; or
b. Attempting to repeal a law; or
c. Suspending the execution thereof.

Qualifying Circumstance j. Article 240 – Usurpation of

The offense is qualified when the purpose of Executive Functions
the abandonment is to evade the discharge of
duties of preventing, prosecuting, or punishing Elements [JAO]:
any of the crimes falling within Title One 1. Offender is a Judge;
(Crimes against National Security and the Law 2. That he:
of the Nations) and Chapter One of Title Three a. Assumes a power pertaining to the
(Rebellion, Coup d’état, Sedition, and executive authorities, or
Disloyalty) of book two of the RPC. [Amurao] b. Obstructs the executive authorities in
the lawful exercise of their powers.

NOTE: If the offender is not a judge the crime

is punishable under Art 177 (Usurpation of

Page 194 of 277

U.P. BOC CRIMINAL LAW II
Authority or Official Function). [REYES, Book
2]
k. Article 241 – Usurpation of Judicial
Functions
Elements [Ex-AO]:
1. Offender is an officer of the Executive
branch;
2. That he:
a. Assumes judicial powers, or
b. Obstructs the execution of any order or
decision rendered by any judge within
his jurisdiction.
l. Article 242 – Disobeying Request
for Disqualification
Elements [PPQRC]:
1. Offender is a Public officer;
2. A proceeding is Pending before such public
officer;
3. There is a Question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. He has been lawfully required to Refrain
from continuing the proceeding;
5. He Continues the proceeding.
NOTE: The disobedient officer is liable even if
the jurisdictional question is resolved in his
favor. [REYES, Book 2]
m. Article 243 – Orders or Request by
Executive Officer to Any Judicial
Authority
Elements [EJJ]:
1. Offender is an Executive officer;
2. He addresses any order or suggestion to
any Judicial authority;
3. The order or suggestion relates to any case
or business coming within the exclusive
Jurisdiction of the courts of justice.
Page 195 of 277
CRIMINAL LAW
n. Article 244 – Unlawful
Appointments
Elements [P-NoLaK]:
1. Offender is a Public officer;
2. He Nominates or appoints a person to a
public office;
3. Such person Lacks the legal qualifications
therefore;
4. Offender Knows that his nominee or
appointee lacks the qualification at the time
he made the nomination or appointment.
NOTES:
1. Mere recommendation is not a crime,
even if such person knew that the person
recommended is not qualified. [REYES,
Book 2]
2. Qualifications must be provided for by
law [id.]
o. Article 245 – Abuses Against
Chastity
Punishable Acts [DCuW]:
1. Soliciting/making immoral or indecent
advances to a woman interested in matters
pending before the offending officer for
Decision or with respect to which he is
required to submit a report to or consult
with a superior officer;
2. Soliciting or making immoral or indecent
advances to a woman under the offender’s
Custody;
3. Soliciting or making immoral or indecent
advances to the Wife, daughter, sister or
relative within the same degree by affinity
of any person in the custody of the
offending warden or officer.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements:
H. CRIMES AGAINST
Mode 1: Mode 2: Mode 3:
Soliciting to Soliciting to Soliciting to PERSONS
a woman a woman wife/daughte
interested in under r/sister/ 1. Chapter I: Destruction of Life
pending offender’s relative of
matters custody person in SECTION 1. PARRICIDE, MURDER,
[PSP] [PSC] custody HOMICIDE
[PSR]
a. Article 246 – Parricide
1. Offender is a Public officer

2. He Solicits or makes immoral or indecent Elements: [KAA-FaMCADS]

advances to a woman 1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
3. Woman is 3. Woman is 3. Woman is a. Legitimate/illegitimate Father
interested in under the the wife, b. Legitimate/illegitimate Mother
matters Custody of daughter, c. Legitimate/illegitimate Child (should not
Pending the offender sister or be less than 3 days old, otherwise crime
before the who is a Relative is infanticide)
offender for warden or within the d. Other legitimate Ascendant
decision, or other public same degree e. Other legitimate Descendant
with respect officer by affinity of f. Legitimate Spouse
to which he directly the person in
is required to charged with the custody Relationship
submit a the care and of the Relationship of offender with the victim is an
report to or custody of offender.
essential element of this crime; except for
consult with prisoners.
spouses, only relatives by blood and in direct
a superior.
line are covered. An adopted child is not
covered by parricide.
Solicitation
Solicit is to propose earnestly and persistently Rules on Relationship of Relatives
something unchaste and immoral to a woman. 1. Father, mother or child may be legitimate
The advances must be immoral or indecent. or illegitimate
Proof of solicitation is not necessary when 2. Other ascendants or descendants must be
there is sexual intercourse. [REYES, Book 2] legitimate
3. Child should not be less than 3 days old,
Consummated by Proposal otherwise, crime is infanticide
The crime is consummated by mere proposal. 4. Spouse must be legitimate; Muslim
It is not necessary that the woman should have husbands with several wives can be
yielded to the solicitation of the offender. convicted of parricide only in case the first
[REYES, Book 2] wife is killed. [People v. Subano, G.R. No.
L-20338 (1967)]
Mother of Person in Custody Not Included
The mother of the person in the custody of the NOTE: Relationship must be alleged in the
public officer is not included. [REYES, Book 2] Information to be convicted of Parricide.
[People v. Jumawan, G.R. No. 187495 (2014)]

Page 196 of 277

U.P. BOC CRIMINAL LAW II
Parricide shall not be punished by
reclusion perpetua to death in the following
cases:
1. Reckless or simple imprudence [Art. 365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional circumstances
[Art. 247]
b. Article 247 – Death or Physical
Injuries Under Exceptional
Circumstances
Elements: [M-SD-KiP]
1. A legally Married person, or a parent,
surprises the following in the act of sexual
intercourse with another person:
a. His Spouse or;
b. His Daughter, the latter under 18 years
of age and living with him;
2. He or she Kills any or both of them, or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter;
3. He has not Promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
Not a Felony
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
[Id]
Sentence to Accused
General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]
Other Considerations:
1. Actual Sexual Intercourse – meaning
vaginal penetration by the penis and does
not include merely sleeping on the same
Page 197 of 277
CRIMINAL LAW
bed [People v. Gonzales, G.R. No. 46310;
People v. Bituaanan 56 Phil 23, cited in
REYES, Book 2]
2. Accused must be legally married - if the
victim is his or her spouse. [People v.
Araquel, G.R. No. L-12629]
3. Whether or not the daughter is legitimate
or illegitimate is immaterial - provided she
is living with the guilty parent [Regalado]
4. Privilege cannot be invoked without
surprise – if the accused did not surprise
the supposed offenders in the very act of
committing adultery, he cannot invoke the
privilege of Art. 247. [People v. Gonzales,
G.R. No. 46310 (1939)]
Immediately Thereafter
There is no set time as jurisprudence has held
1 hour or even 4 hours as “immediately
thereafter”. However, the act done must be a:
a. Direct result of the outrage of the
cuckolded spouse; and
b. Continuous act from the moment of the
surprising. [US v. Vargas, G.R. No. 1053,
May 7, 1903]
When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be done.
2. If the daughter is Married.
Although the article does not use the word
“unmarried,” this article applies only when
the daughter is single because while under
18 and single, she is still under parental
authority. If she is married, her husband
alone can claim the benefits of this article.
[REYES, Book 2]
c. Article 248 – Murder
Elements: [KAC-TCICPC-N]
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the following
qualifying Circumstances:
a. With Treachery, taking advantage of
superior strength, aid of armed men, or
employing means to weaken the
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

defense, or of means or persons to Killing by Fire

insure or afford impunity; ● If the primordial criminal intent of the
b. In Consideration of a price, reward or offender is to kill and fire was only used
promise; as a means to do so, the crime is only
c. By means of Inundation, fire, poison, murder.
explosion, shipwreck, stranding of a ● If the primordial criminal intent of the
vessel, derailment or assault upon a offender is to destroy property with the
railroad, fall of an airship, by means of use of pyrotechnics and incidentally,
motor vehicles, or with the use of any somebody within the premises is killed, the
other means involving great waste and crime is arson with homicide, a single
ruin; indivisible crime penalized under Art. 326,
d. On occasion of any of the Calamities which is death as a consequence of arson.
enumerated in the preceding paragraph, [Id.]
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, Outraging v. Scoffing [Id]
or any other public calamity; Outraging Scoffing
e. With evident Premeditation; Definition
f. With Cruelty, by deliberately and To commit an It means to leer and
inhumanly augmenting the suffering of extremely vicious or implies a showing of
the victim, or outraging or scoffing at his deeply insult in act. irreverence.
person or corpse. Example
4. Killing is Not parricide or infanticide. The act of an When the intestines
accused in having of the dead were
Rules for the Application of the anal intercourse with removed and hung
Circumstances which Qualify the Killing to the woman after around the neck of
Murder killing her. [People v. the victim’s brother
1. If there are more than one alleged in the Butler, 120 SCRA “as a necklace” and
information for murder, only one will qualify 281] the lungs and liver
the killing to murder and the other were described as
circumstances will be taken as generic “pulutan.” [People v.
aggravating circumstance. [REYES, Book Carmina, 193 SCRA
2] 429]
2. When the other circumstances are
absorbed or included in one qualifying d. Article 249 – Homicide
circumstance, they cannot be considered
as generic aggravating. [id] Elements: [KJ-IQ]
3. Any of the qualifying circumstances 1. Person was Killed;
enumerated in Art. 248 must be alleged in 2. Offender killed him without any Justifying
the information. [US v. Campo, 23 Phil 369] circumstances;
3. Offender had the Intention to kill
Element of Intent to Kill 4. Killing was not attended by any of the
General Rule: Offender must have intent to kill Qualifying circumstances of murder, or by
to be liable for murder. that of parricide or infanticide

Exception: In murder qualified by treachery, it No offense of Frustrated Homicide through

is required only that there is treachery in the Imprudence.
attack, hence, there is murder even if offender The element of intent to kill in frustrated
has no intent to kill the person assaulted. homicide is incompatible with negligence or
[REYES, Book 2]

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U.P. BOC CRIMINAL LAW II
imprudence. [People v. Castillo, C.A. No. 227
(1946)]
Refusal to be Operated; Not a Defense
Refusal of the deceased to be operated on
does not relieve the offender of the criminal
liability for his death. [People v. Sto. Domingo,
G.R. No. 3783, (1939)]
Intent to kill
General Rule: Conclusively presumed when
death results.
Exception: Evidence of intent is crucial to a
finding of attempted or frustrated homicide
[Yapyuco v. Sandiganbayan, G.R. No. 120744-
46]
Physical Injuries
Accused is liable for physical injuries if there is
no intent to kill on the part of the offender in an
attempted or frustrated homicide. [REYES,
Book 2]
Accidental Homicide
It is the death of a person brought about by a
lawful act performed with proper care and skill
and without homicidal intent, there is no felony.
[Id]
e. Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
Courts may impose a penalty: [Art 250]
1. 2 degrees lower for frustrated parricide,
murder, or homicide
2. 3 degrees lower for attempted parricide,
murder, or homicide.
The imposition of a penalty lower by one
degree than that imposed under Arts. 50 and
51 depends on the courts, in view of the facts
of the case. [Id]
Note that under the RPC, the following
penalties shall be imposed:
1. Frustrated Felony - the penalty next lower
in degree than that prescribed by law for
the consummated felony [Art. 50, RPC].
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CRIMINAL LAW
2. Attempted Felony - the penalty lower by
two degrees than that prescribed by law for
the consummated felony shall be imposed
[Art. 51, RPC].
NOTE: Any attempt on, or conspiracy against,
the life of the Chief Executive of the Philippines
or that of any member of his family, or against
the life of any member of his cabinet or that of
any member of the latter’s family, shall suffer
the penalty of death. [REYES, Book 2]
f. Article 251 - Death Caused in
Tumultuous Affray
Tumultuous Affray
It is a commotion in a confused manner to an
extent that it would not be possible to identify
who the killer is if death results, or who inflicted
the serious physical injury, but the person or
persons who used violence are known.
[REYES, Book 2]
NOTE: It exists when at least four persons took
part. [id].
Elements: [SGQKAI]
1. There are Several persons;
2. They do not compose Groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
3. These several persons Quarreled and
assaulted one another in a confused and
tumultuous manner;
4. Someone was Killed in the course of the
affray;
5. It cannot be Ascertained who actually killed
the deceased; and
6. The person or persons who inflicted serious
physical injuries or who used violence can
be Identified.
Persons Liable [IK]
1. Person or persons who Inflicted the serious
physical injuries
2. If it is not Known who inflicted the serious
physical injuries on the deceased, all
persons who used violence upon the person
of the victim are liable.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

h. Article 253 - Giving Assistance to

Presence of Conspiracy Suicide
If there is conspiracy, this crime is not
committed. The crime would be murder or Giving Assistance to Suicide
homicide. [REYES, Book 2] Giving assistance to suicide means giving
means (e.g., arms, poison, etc.) or whatever
g. Article 252 - Physical Injuries manner of positive and direct cooperation (e.g.,
Caused in Tumultuous Affray intellectual aid, suggestions regarding the
mode of committing suicide, etc.). [REYES,
Elements: [TIK] Book 2]
1. There is a Tumultuous affray;
2. A participant or some participants thereof Modes: [AL]
Suffered serious physical injuries or 1. Assisting another to commit suicide,
physical injuries of a less serious nature whether the suicide is consummated or not;
only; 2. Lending his assistance to another to commit
3. Person responsible cannot be Identified; suicide to the extent of doing the killing
and himself.
4. All those who appear to have used violence
upon the person of the offended party are NOTE: The person who commits suicide is not
Known. criminally liable; only the person assisting him
or her. [Id.]
Presence of Violence
All those who appear to have used violence Euthanasia – commonly known as mercy-
shall suffer the penalty next lower in degree killing; the practice of painlessly putting to
than that provided for the serious physical death a person suffering from some incurable
injuries inflicted. [Art. 265, RPC] disease.
• A doctor who resorts to euthanasia of his
Death Caused in Tumultuous Affray v. patient may be liable for murder. But if the
Physical Injuries Caused in Tumultuous patient himself asks to be killed by his
Affray doctor, this Article applies. [Id]
Physical Injuries
Death Caused in
Caused in i. Article 254 - Discharge of Firearms
Tumultuous
Tumultuous Affray
Affray [Art. 251] [Art. 252] Elements: [DN]
Participants 1. Offender Discharges a firearm against or at
The person killed The injured party in another person.
in the course of the the crime of physical 2. Offender has No intention to kill that
affray need not be injuries inflicted in a person.
one of the tumultuous affray
participants in the must be one or Crime as long as Initially Aimed at Offended
affray. some of the Party
participants. The crime is the discharge of firearm, even if
[REYES, Book 2] the gun was not pointed at the offended party
when it fired, as long as it was initially aimed by
the accused at or against the offended party
[People v. Cupin, C.A., 40 O.G., Supp. 11, 21,
cited in REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

If Offended Party is Hit and Wounded To intimidate To cause To demand

If in the discharge of a firearm, the offended or frighten a disturbance money or
party is hit and wounded, there is a complex person or scandal impose any
crime of discharge of firearm with serious or other
less serious physical injuries. [People v. condition
Arquiza, G.R. No. 42128-42129]
SECTION 2. INFANTICIDE AND ABORTION
Animus Interficendi
Intent to kill or animus inteficendi cannot be j. Article 255 – Infanticide
automatically drawn from the mere fact that the
use of firearms is dangerous to life. Animus Elements: [C-3]
interficendi must be established with the same 1. Child was killed by the accused;
degree of certainty as is required of the other 2. Deceased child was less than 3 days old (72
elements of the crime. [Dado v. People G.R. hours).
No. 131421(2002)] Persons Liable:
1. Father or mother of the child, whether
Discharge of Firearms v. Homicide legitimate or illegitimate; or
Discharge of 2. Any other legitimate ascendant of the child
Homicide/Murder
Firearms [REYES, Book 2]
[Arts. 248/249]
[Art. 254]
As to Intent to Kill Must be Born Alive
There must be no There is intent to kill It is necessary that the child be born alive and
intent to kill (conclusively viable (capable of independent existence). [US
presumed if a person v. Vedra, G.R. No. 4779 (1908)]
died)
As to Rationale Mitigating Circumstance
The discharge was Intent was to kill Only the mother and maternal grandparents
intended merely to another are entitled to mitigating circumstances of
frighten or cause concealing the mother’s dishonor. [Art. 255,
alarm to the RPC]
offended party
[People v. Hinolan, NOTE: The delinquent mother who claims to
C.A., 47 O.G. 3596, be concealing dishonor must be of good
cited in Reyes, reputation and good morals [REYES, Book 2]
Book Two].
Other Persons who Cooperate
Alarms and Scandals vs. Discharge of Others who cooperate with the mother or
Firearms v. Grave Threats [BOADO] grandparent for killing a child less than 3 days
Discharge of Alarms and Grave old will suffer the penalty for murder. (US v.
Firearms Scandals Threats Aquino, G.R. No. 11653]
[Art. 254] [Art. 155] [Art. 282]
As to the Place Parricide vs. Infanticide [Reyes]
At any place Public place At any place Parricide Infanticide
(and aimed at [Art. 246] [Art. 255]
a specific As to Basis of Crime
person) Based on
Based on the age of
As to Purpose relationship of
the child (must be
offender and the
less than 3 days old)
victim

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

As to Victim If the mother as a consequence of abortion

May be committed Victim need not be a suffers death or physical injuries, there is a
against a relative relative complex crime of murder or physical injuries
As to Applicability of Mitigating and abortion. [Id]
Circumstance
of Concealment of Dishonor Impossible Crime
Mitigating If the woman turns out not to be pregnant and
Not mitigating someone performs an abortion upon her, he is
circumstance
liable for an impossible crime if the woman
k. Article 256 - Intentional Abortion suffers no physical injury. [Id]

Elements: [PVi-DI] Abortion v. Infanticide

1. There is a Pregnant woman; Abortion [Art.
Infanticide [Art. 255]
2. Violence is exerted, or drugs or beverages 256]
administered, or that the accused otherwise Fetus could not Fetus could sustain
acts upon such pregnant woman; sustain an independent life
3. As a result of the above acts, the fetus Dies, independent life. after separation from
either in the womb or after having been No legal viability. the mother’s womb.
expelled therefrom; and
4. Abortion is Intended. l. Article 257 - Unintentional
Abortion
Punishable Acts [VAAW]
1. Use of Violence upon the pregnant woman; Elements: [PVID]
2. Acting, but without using violence and 1. There is a Pregnant woman;
without the consent of the woman. (e.g., by 2. Violence is used upon such pregnant
administering drugs or beverages upon woman without intending an abortion;
such pregnant woman without her consent.) 3. The violence is Intentionally exerted;
3. Acting (by administering drugs or 4. Result of violence – fetus Dies, either in the
beverages), With the consent of the womb or expelled therefrom
pregnant woman.
Killed by Husband
Persons Liable: If the pregnant woman was killed by violence
1. Person who intentionally caused the by her husband, the crime committed is the
abortion under Art. 256; and complex crime of parricide with unintentional
2. Pregnant woman if she consented under abortion. [Id]
Art. 258 [REYES, Book 2]
Intentional Abortion vs. Unintentional
Abortion Abortion
The willful killing of the fetus in the uterus or the Intentional
Unintentional
violent expulsion of the fetus from the maternal Abortion
womb which results in the death of the fetus. Abortion [Art. 257]
[Art. 256]
[REYES, Book 2] As to Mode of Commission
Committed by:
Frustrated Abortion 1. Using any
Committed if the fetus that is expelled is viable violence upon the Committed only by
and, therefore, not dead. [Id] person of the violence, that is,
pregnant woman actual physical force.
Complex Crime of Murder/Physical Injuries 2. Acting without
and Abortion using violence

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and without the Mitigating Circumstances

consent of the Penalty of pregnant woman is mitigated if her
woman (e.g., purpose is to conceal her dishonor. [RPC, Art.
administering 258(2)] There is no mitigation for parents of the
drugs or pregnant woman even if the purpose is to
beverages upon conceal dishonor in abortion, unlike in
her) infanticide. [RPC, Art. 258(1)]
3. Acting with the
consent of the
pregnant woman Intentional Abortion vs. Abortion Practiced
(e.g., by the Woman Herself
administering Abortion Practiced
Intentional
drugs or by the Woman
beverages) Abortion
Herself
As to Intent [Art. 256] [Art. 258]
Violence inflicted As to Liability
upon the pregnant Third person who Only the woman
woman is caused the abortion herself or her parents
Abortion is intended intentionally exerted is liable can be liable
by the accused, but As to Consent
without intending an Woman must have
abortion. consented to the
As to Knowledge of Pregnancy Abortion could have abortion.
Accused has knowledge as to the been done with or
pregnancy of the woman. without the consent Parents are liable if
m. Article 258 - Abortion Practiced by of the pregnant they acted with the
the Woman Herself or by Parents woman. pregnant woman’s
consent to conceal
Elements: [PIC-HCP] her dishonor
1. There is a Pregnant woman who suffered
an abortion; n. Article 259 - Abortion by a
2. Abortion is Intended; Physician or Midwife and
3. Abortion is Caused by – Dispensing of Abortives
a. Pregnant woman Herself;
b. Any other person, with her Consent; or Persons Liable
c. Any of her Parents, with her consent for 1. Physician or midwife who, taking
the purpose of concealing her advantage of their scientific knowledge or
dishonour. skill, shall cause an abortion or assist in
causing an abortion.
Liability: 2. A pharmacist who, without proper
a. Pregnant Woman – under (a), (b), (c); prescription from a physician, shall
liable under this Article dispense any abortive. [RPC, Art. 259]
b. Third Person - under (b); liable under Art.
256 (Intentional Abortion) Elements (for Physicians or Midwifes):
c. Parents – if the parents acted with the [PIPA]
pregnant woman’s consent under (c) to 1. Pregnant suffered an abortion;
conceal her honor, they are also liable 2. Abortion is Intended;
under this article. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II
3. Offender is a Physician or midwife, who
caused or assisted in causing the abortion;
and
4. Said physician or midwife took Advantage
of his or her scientific knowledge or skill.
Elements (for Pharmacists): [PPD]
1. Offender is a Pharmacist;
2. No proper Prescription from a physician;
and
3. Offender Dispenses any abortive.
Imposable Penalty
The penalties provided for intentional abortion
shall be imposed in the maximum period.
[REYES, Book 2]
It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion.
What is punished is the dispensing of the
abortive without the proper prescription. It is
not necessary that the abortive be actually
used either. [REYES, Book 2]
SECTION 3. DUEL
o. Article 260 - Responsibility of
Participants in a Duel
Modes: [DIC]
1. Killing one’s adversary in a Duel;
2. Inflicting upon such adversary physical
injuries; or
3. Making a Combat although no physical
injuries have been inflicted.
Persons Liable: [KS]
1. The person who Killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
2. The Seconds, as accomplices.
Definition of Terms
1. Duel - Formal or regular combat previously
concerted between 2 parties in the
presence of two or more seconds of lawful
age on each side, who make the selection
of arms and fix all other conditions of the
fight. [REYES, Book 2]
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CRIMINAL LAW
2. Seconds - Persons who make the
selection of arms and fix the other
conditions of the fight. [Id]
Imposable Penalty if Death Results
If death results, the penalty is the same as that
for homicide. [Id]
Pre-Concerted Agreement to Fight
Self-defense cannot be invoked if there was a
pre-concerted agreement to fight, but if the
attack was made by the accused against his
opponent before the appointed place and time,
there is an unlawful aggression, hence, self-
defense can be claimed. [Justo v. CA, G.R. No.
L-8611]
p. Article 261 - Challenging to a Duel
Modes: [CIS]
1. Challenging another to a duel;
2. Inciting another to give or accept a
challenge to a duel; or
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel.
Persons Responsible:
1. Challengers
2. Instigators [REYES, Book 2]
Challenging to Duel Different from
Challenging to Fight
The person making the challenge must have in
mind a formal combat to be concerted between
him and the one challenged in the presence of
two or more seconds. [REYES, Book 2]
2. Chapter II: Physical Injuries
a. Article 262 – Mutilation
Mutilation
Lopping or clipping off of some part of the body
[REYES, Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Punishable Acts: a. Becomes Deformed; or

Mode 1: Castration Mode 2: Mayhem b. Loses any other Member of his body; or
As to Body Part c. Loses the Use thereof; or
Castration is the Lopping or clipping d. Becomes Ill or incapacitated for the
mutilation of organs off any part of the performance of the work in which he was
necessary for body of the offended habitually engaged for more than 90
generation; deprives party, other than the days;
the offended, either essential organ for 4. Becomes ill or incapacitated for labor for
totally or partially, of reproduction, to more than 30 days (but must not be more
some essential deprive him of that than 90 days).
organ for part of his body.
reproduction. [REYES, Book 2] Intent to Kill
[REYES, Book 2] In physical injuries, there must be no intent to
As to Purpose kill, otherwise the crime is frustrated/attempted
Mutilation is caused Purposely and murder or homicide as the case may be. [Id]
deliberately
Physical Injuries v. Attempted or Frustrated
Intent Homicide
Offender must have the intention to deprive the Attempted or
Physical Injuries
offended party of a part of his body. If there is Frustrated
[Art. 263]
no such intention, the crime will be serious Homicide [Art. 249]
physical injuries. [REYES, Book 2] May be committed
even if no physical
No intent to kill
b. Article 263 - Serious Physical injuries are inflicted
offended party
Injuries and the offender has
intent to kill party
Modes of Commission: [WoBAA]
1. By Wounding; Characteristics of par. 1
2. By Beating; ● Insanity – deranged or perverted condition
3. By Assaulting; or of mental faculties and is manifested in
language and conduct. [People v.
4. By Administering injurious substance. (Art.
Domingo, G.R. No. 184343]
264)
● Imbecility - a more or less advanced
decay and feebleness of the intellectual
Serious Physical Injuries
faculties [Black’s Law Dictionary]
They are when the injured person, in
● Impotence - an inability to copulate,
consequence of the physical injuries inflicted—
includes sterility.
[I-SMI-DMUI90-30]
● Blindness - must be of two eyes [REYES,
1. Becomes Insane, imbecilic, impotent or
Book 2]
blind
● Penalty is 1 degree higher when the victim
2. If the person injured:
is under 12 years of age. [Sec. 10, RA
a. Loses the use of Speech or the power to
7610]
hear or to smell, or loses an eye, a hand,
a foot, an arm, or a leg, or Characteristics of par. 2
b. Loses the use of any such Member; or
● Loss of power to hear - must be of both
c. Becomes Incapacitated for the work in ears. If hearing in only one ear is lost, it falls
which he was theretofore habitually under par. 3.
engaged, in consequence of the physical ● Blindness – requires the loss of an eye
injuries inflicted; only, thus mere weakness of vision is not
3. If the person injured: contemplated [id.]

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U.P. BOC CRIMINAL LAW II
● Loss of the use of hand or incapacity for
work - must be permanent.
● All the body parts mentioned are principal
members of the body (eye, hand, foot etc.)
[Id]
Characteristics of par. 3
● It covers any other part of the body which
is not a principal member of the body.
● Fingers of the hand are not principal
members and the loss of such fall under the
third type. However, if it is proven that the
loss of the fingers resulted in the loss of the
use of the hand itself, it would fall under the
second type. [US v. Punsalan, G.R. No.
7539 (1912)]
Elements of Deformity: [UAV]
1. Physical Ugliness,
2. Permanent and definite Abnormality,
and
3. Conspicuous and Visible.
Illness or Incapacity under Pars 2, 3, and 4.
● What is required is illness or incapacity and
not medical attendance. [REYES, Book 2]
● Injured party must have a vocation at
the time of the injury - Incapacity
therefore must relate to a certain kind of
work only [Id.]
● Work - includes studies or preparation for
a profession. Mere lessening of efficiency
due to injury is not incapacity. [Id]
● Type of Work
a. Par. 3 – work in which the offended party
is habitually engaged
b. Par. 4 – any type of labor
No Attempted or Frustrated Physical
Injuries
This felony is defined by the gravity of the
injury. It is a crime of result. As long as there is
no injury, there can be no attempted or
frustrated stage thereof. [Id]
Committed through Reckless Imprudence
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence
or negligence under Art. 365 in relation to Art.
263. [Id]
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CRIMINAL LAW
Qualifying Circumstances:
1. If it is committed against any of the persons
referred to in the crime of parricide under
Article 246;
2. If any of the circumstances qualifying
murder attended its commission. [Art. 263,
RPC]
NOTE: The said qualified penalties are not
applicable to parents who inflict serious
physical injuries upon their children by
excessive chastisement [Art, 263(7), RPC]]
c. Article 264 - Administering
Injurious Substances or
Beverages
Elements: [IKI]
1. Offender Inflicted any serious physical
injury;
2. It was done by Knowingly administering to
him any injurious substance or beverages or
by taking advantage of his weakness of
mind or credulity; and
3. There was no Intent to kill.
NOTE: Art 264 does not apply when the
Physical Injuries Resulted to Less Serious or
Light as they will be treated under Art. 265 or
Art. 266, as the case may be. [Id]
d. Article 265 - Less Serious Physical
Injuries
Elements: [IMP]
1. Offended party:
a. Is Incapacitated for labor for 10 days or
more (but not more than 30 days); or
b. Needs Medical attendance for the same
period of time;
2. Physical injuries must not be those
described in the Preceding articles.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualified Less Serious Physical Injuries Slapping of Offended Party

Addition of a Fine General Rule: Slapping is a form of ill-
not exceeding treatment which is a form of slight physical
Higher Penalty
P50,000 injuries.
Imposed
[Sec. 60, RA 10951
in re: Art. 265] Exception: If the slapping is done to cast
The victim is either: dishonor upon the person slapped, or to
1. Offender’s humiliate or embarrass the offended party out
1. There is a parents, of a quarrel or anger, the crime is slander by
manifest intent to ascendants, deed. [REYES, Book 2]
insult or offend guardians,
the injured curators or Summary:
person; or teachers; or Gravity Injury Days
2. There are 2. Persons of rank or Incapacity from
Permanent
circumstances person in habitual work
adding ignominy authority, Illness/incapaci
Over 90
to the offense. provided the Serious ty from habitual
days
crime is not direct [Art. 263] work
assault. Illness/incapaci
31-90 days
ty from labor
Less Incapacity from
e. Article 266 - Slight Physical Serious labor/medical
10-30 days
Injuries and Maltreatment [Art. 265] attendance
required
Modes [1-9-PI] Incapacity from
1. Physical injuries incapacitated the offended labor/medical
1-9 days
party for labor from 1-9 days, OR required attendance
medical attendance during the same period; required
2. Physical injuries did not Prevent the Physical
offended party from engaging in his habitual injuries which
work or did not require medical attendance; did not prevent
Slight
or the offended
[Art. 266
3. Ill-treatment of another by deed without party from Regardless
causing any injury. engaging in of Days
habitual work
Duration of Incapacity or Medical nor did it
Attendance require medial
In the absence of evidence as to the duration attendance
of the offended party’s incapacity for labor or
medical attendance, the crime is only slight Physical Injuries vs. Attempted or
physical injuries. [People v. Arranchado, G.R. Frustrated Homicide
No. L-13943] Physical Injuries Attempted or
[Art. 263, 265, 266] Frustrated
Supervening Event Converting the Crime Homicide
Supervening event converting the crime into Existence of Physical Injuries
serious physical injuries after the filing of the General Rule: The
May be committed
information for slight physical injuries can still offender must have
even if no physical
be the subject of amendment or of a new inflicted physical
injuries inflicted
charge. [People v. Manolong, G.R.No. L-2288] injuries

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Chronological Age or Intellectual Disability

Exception: In determining whether a person is twelve (12)
Maltreatment (Art. years of age under par. (d), the interpretation
266(3)) should be in accordance with either the
Intent to Kill chronological age of the child if he or she is not
No intent to kill the With intent to kill suffering from intellectual disability, or the
offended party offended party mental age if intellectual disability is
established. [People v. Quintos, G.R. No.
199402, (2014)]
3. Chapter III : Rape
Classifications of Rape
a. Article 266 - A – Rape (as amended Rape by Sexual
by RA 8353) Sexual Assault
Intercourse
As to Offended Party
Mode 1: Rape by Sexual Intercourse Against a Woman or
Elements: [MCC-FRM12] Against a Woman
Man
1. Offender is a Man; As to Offender
2. Offender had Carnal knowledge of a Can now be
woman; committed by a man
3. Such act is accomplished under any of the or woman, that is, if a
following Circumstances: Always a man woman or a man
a. By using Force, threat or intimidation; uses an instrument
b. When the woman is deprived of Reason on an orifice of male
or is otherwise unconscious; or woman
c. By means of fraudulent Machination or As to Commission of Offense
grave abuse of authority; or Inserting a finger
d. When the woman is under 12 years of inside the genital of a
age (Statutory Rape) or is demented. woman or man is
Sexual intercourse
rape through sexual
Mode 2: Rape through Sexual Assault assault within the
Elements: [SM-PI-C-FDM12] context of object
1. Offender commits an act of Sexual assault;
2. Act is committed by any of the following
Complete Penetration is Not Necessary
Means:
In rape, from the moment the offender has
a. By inserting his Penis into another
carnal knowledge of the victim, he actually
person's mouth or anal orifice; or
attains his purpose, all the essential elements
b. By inserting any Instrument or object into
of the offense have been accomplished.
the genital or anal orifice of another
[People v. Orita, G.R. No. 88724 (1990)]
person;
3. Act is accomplished under any of the
Moreover, it is not the number of times that
following Circumstances:
appellant ejaculated but the penetration or
a. By using Force or intimidation; or
‘touching’ that determines the consummation
b. When the woman is Deprived of reason
of the sexual act. [People v. Ferrer, G.R. No.
or otherwise unconscious; or
142662 (2001); People v. Orilla, G.R. Nos.
c. By means of fraudulent Machination or
148939-40 (2004)]
grave abuse of authority; or
d. When the woman is under 12 years of
NOTE: There is NO crime of frustrated rape.
age or demented.
[Id]

Page 208 of 277

U.P. BOC CRIMINAL LAW II
Rules on Accompanying Circumstances
1. Force, Threat or Intimidation – It is not
necessary that the force employed against
the complaining woman in rape be so great
or of such a character as could not be
resisted. It is enough that the force used is
sufficient to consummate the culprit's
purpose of copulating with the offended
woman [People vs. Savellano, G.R. No. L-
31227 (1974)].
2. Deprived of Reason or Unconscious –
means that the victim has no will to give
consent intelligently and freely. [REYES,
Book 2]
3. Drowsiness - state of being drowsy, i.e.,
ready to fall asleep or half-asleep. [People
v. Siarza, G.R. No. L-111682 (1997)]
4. Statutory Rape - rape of a woman who is
below 12 years of age; victim is
conclusively presumed incapable of giving
consent to sexual intercourse with another.
[People v. Negosa, G.R. Nos. 142856-7
(2003)]
Rule on Resistance
General Rule: The law requires manifest and
tenacious resistance. A verbal refusal alone
will not do. There must be physical struggle,
taxing her powers to the utmost. Thus, mere
initial resistance of the offended party in rape
cases is not enough [REYES, Book 2 citing
People vs. Lago, CA, 45 OG 1356]
Exception: Where the victim resists, and the
resistance would be futile, even offering none
at all does not amount to consent to the sexual
assault. [People vs. Las Piñas, Jr. G.R. No.
133444, (2002)]
NOTE: When the offender in rape has an
ascendancy on influence over the girl i.e. a
father over his daugher, it is not necessary that
she put up a determined resistance. [People v.
Metin, G.R. No. 140781 (2003)]
Moral Ascendancy or Influence
Moral ascendancy or influence exercised by
the accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
Page 209 of 277
CRIMINAL LAW
1. Fathers against their daughters [People v.
Bayona, G.R. No. 133343 (2000)]
2. Stepfathers against their stepdaughters
[People v. Vitor, G.R. No. 113690 (1995)]
3. A godfather against his goddaughter
[People v. Casil, G.R. No. 110836 (1995)]
4. Uncles against their nieces [People v.
Betonio, G.R. No. 119165 (1997)]
5. The first cousin of the victim’s mother
[People v. Perez, G.R. No. 129213 (1999)]
Qualified and Simple Seduction; When
Absorbed
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of
qualified and simple seduction. [Id]
Seclusion Not Necessary
Rape may, likewise, be committed in a room
adjacent to where the victim's family is
sleeping, or even in a room shared with other
people. [People v. Glivano, G.R. No. 177565
(2008)]
Evidence
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or Where the offended party is
so situated as to render him/her incapable of
giving his consent. [REYES, Book 2]
Sweetheart Doctrine
Operates on the theory that the sexual act is
consensual. It requires proof that the accused
and the victim were lovers and that she
consented to the sexual relations. [People v.
Udang, G.R. No. 210161, (2018)]
It was previously ruled that being sweethearts
does not negate the commission of rape
because such does not give the appellant the
license to have sexual intercourse against the
victim’s will [People vs. Olesco, G.R. No.
174861, (2011)]
However, in the later case of People vs. Udang
[id.], it has been ruled that the theory may apply
in acts of lasciviousness and rape, felonies
committed against or without the consent of the
victim, it operates on the theory that the sexual
U.P. BOC CRIMINAL LAW II
act was consensual. It requires proof that the
accused and the victim were lovers and that
she consented to the sexual relations.
Exception: Sweetheart doctrine cannot be
invoked in instances involving sexual
intercourse and lascivious conduct involving
child abuse cases under RA 7610, where the
victim abused cannot validly give their consent
to another person. In cases involving minors,
consent is immaterial [id.].
Rape Shield Rule
Character of the offended woman is immaterial
in rape. [People vs. Udang, id.]
Marital Rape
Prior to RA 8353, a husband cannot be guilty
of rape, however, under Art. 266-C of RA 8353,
he may now be held guilty. [People v.
Jumawan, G.R. No. 187495 (2014)]
Special Complex Crime
1. When the rape is attempted and a
homicide is committed by reason of or on
the occasion of attempted rape; and
2. When by reason of or on occasion of
consummated rape, homicide is committed.
[REYES, Book 2]
b. Article 266 - B – Qualified Rape
Qualifying Circumstances
1. If the victim: [18-C-7-M]
b. Is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent,
guardian, relative by consanguinity or
affinity w/in the 3rd civil degree, or the
common law spouse of the parent of the
victim
c. Is under the Custody of the police /
military authorities / law enforcement
agency
d. Is a religious and such legitimate
vocation is known by the offender before
or at the time of rape
e. Is a child below 7 yrs. old;
f. Suffered permanent or physical
Mutilation or disability by reason or on
the occasion of rape
2. If the offender: [SAPMF]
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CRIMINAL LAW
a. Is afflicted with a Sexually transmissible
disease & the virus / disease is
transmitted to the victim;
b. Is a member of the AFP / PNP / any law
enforcement agency / penal institution, &
took advantage of his position;
c. Knew of the Pregnancy of the offended
party at the time of the commission of
rape;
d. Knew of the Mental disability, emotional
disorder, or physical handicap of the
offended party at the time of the
commission of rape
3. If Rape is committed in Full view of the
spouse, parent, any of the children, or other
relatives w/in the 3rd civil degree of
consanguinity
NOTE: Special qualifying circumstances have
to be alleged in the information for it to be
appreciated. [People v. Gallo]
c. Art. 266 - C - Effect of Pardon
The following shall extinguish the criminal
action or the penalty imposed:
1. Subsequent valid marriage between the
offender and the offended party, but only
as to the husband.
2. Subsequent forgiveness by the wife as the
offended party when the legal husband is
the offender, provided their marriage is not
void ab initio. [REYES, Book 2]
Applicability of Pardon; Only to Principals
Pardon is not applicable to accomplices,
accessories and multiple rapes. Since rape is
now categorized as a crime against persons,
marriage extinguishes the penal action only as
to the principal. This does not apply where
multiple rape was committed because while
marriage with one defendant extinguishes
criminal liability, it cannot be extended to acts
committed by others. [REYES, Book 2]
U.P. BOC CRIMINAL LAW II
d. Art. 266 - D - Presumptions
Evidence which may be accepted:
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving
his/hear consent. [Art. 266-D, RPC]
I. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
1. Chapter I: Crimes Against
Liberty
SECTION 1. ILLEGAL DETENTION
a. Article 267 - Kidnapping and
Serious Illegal Detention
Elements [PPu-K-I-MoSSTMiFP]:
1. Offender is a Private individual or a Public
Officer who has no duty under the law to
detain a person;
2. He Kidnaps or detains another, or in any
other manner deprives the latter of his
liberty;
3. Detention or kidnapping is Illegal; and
4. In the commission of the offense, any of the
following circumstances is present:
a. Kidnapping lasts for More than 3 days;
b. It is committed Simulating public
authority;
c. Any Serious physical injuries are
inflicted upon the person kidnapped or
detained or Threats to kill him are made;
or
d. Person kidnapped or detained is a
Minor, Female, or a Public officer.
Essential Element
The essential element of kidnapping is the
deprivation of the offended party’s liberty under
any of the four instances enumerated. [People
v. Suarez, G.R. No. L-27352 (1969)]]
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CRIMINAL LAW
Lack of Consent is a Fundamental Element
The involuntariness of the seizure and
detention is the very essence of the crime.
Although the victim may have initially
consented to go with the offender to a place,
but the victim is thereafter prevented, with the
use of force, from leaving the place where he
was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention.
[People v. Pickrell, G.R. No. 120409 (2003)]
Detention is Illegal
Detention is illegal when it is not ordered by
competent authority nor permitted by law.
[REYES, Book 2]
Placing Victim in an Enclosure is Not
Necessary
It is not necessary that the victim be placed in
an enclosure, as long as he is deprived, in any
manner, of his liberty. It suffices that there be
actual or manifest restraint on the person or
liberty of the victim. [People v. Cortez, et al.,
G.R. Nos. 131619-20 (2000)]
Lack of Freedom to Leave at Will is
Sufficient
Leaving a child in the house of another, where
he had freedom of locomotion but not the
freedom to leave it at will, deprives him of
liberty [People v. Acosta, 60 O.G. 6999, cited
in REYES, Book 2].
Qualifying Circumstances: [RKDRT]
When any of the following circumstances are
present, the penalty shall be death:
1. Purpose is to extort Ransom.
2. When the victim is Killed or Dies as a
consequence of the detention.
3. When the victim is Raped.
4. When victim is subjected to Torture or
dehumanizing acts.
Ransom
Means money, price or consideration paid or
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required and it
does not matter whether or not ransom was
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

actually paid. [People v. Jatulan, G.R. No. Illegal Detention v. Arbitrary Detention
171563 (2007)] [REYES, Book 2]
● Actual demand for ransom is Illegal Detention Arbitrary Detention
unnecessary, as long as it can be proven [Art. 267] [Art. 124]
that the kidnapping was done for the As to Offender
purpose of extorting money. [REYES, Book Private individual or Public
2]
public officer/employee
● If kidnapping is for ransom, none of the
officer/employee with a legal duty to
4 circumstances under Art. 267 needs to
be present. [People v. Cenahonon, G.R. who has no legal detain persons
169962 (2007)] duty to detain a
person
Elements of Kidnapping for Ransom [LDR] As to Acts Committed
1. Intent on the part of the accused to deprive Offender kidnaps,
Public officer detains
the victim of Liberty detains, or
2. Actual Deprivation of liberty a person without
otherwise deprives a
3. Motive of the accused: extorting Ransom legal ground.
person of liberty.
for release of victim [People v. Ejandra, As to Classification
G.R. No 174659 (2008)]
Crime against the
Crime against
Special Complex Crime of Kidnapping with fundamental laws of
personal liberty
Murder/Homicide the State
Where the person kidnapped is killed in the
course of the detention, regardless of whether b. Article 268 - Slight Illegal Detention
the killing was purposely sought or was merely
an afterthought, the crime is a special complex Elements [PKIW]:
crime and the maximum penalty shall be 1. Offender is a Private individual;
imposed as provided by the last paragraph of 2. He Kidnaps or detains another, or in any
Art. 267. [People v. Ramos, G.R. No. 118570 other manner deprives him of his liberty.
(1998)] 3. Kidnapping or detention is Illegal; and
4. Crime was committed Without the
When Murder and not Kidnapping attendance of any of the circumstances
a. If the primary and ultimate purpose of enumerated in Article 267.
the accused is to kill the victim - the
incidental deprivation of the victim’s liberty Liability of Person Furnishing the Place
does not constitute kidnapping but is The liability of one who furnishes the place
merely a preparatory act to the killing and where the offended party is being held captive
is absorbed by the killing of the victim. is that of a principal and not of an accomplice.
[People v. Delim, G.R. No. 142773 (2003)] [REYES, Book 2]
b. If from the acts of the accused it cannot
be inferred that the latter’s purpose was Privileged Mitigating Circumstance [R3AC]
to actually detain or deprive the victim The penalty is lowered if:
of his liberty - the subsequent killing of the 1. Offended party is voluntarily Released
victim did not constitute the crime of within 3 days from the start of illegal
kidnapping. The demand for ransom does detention;
not convert the crime into kidnapping, if no 2. Without Attaining the intended purpose; and
deprivation of liberty was involved. [People 3. Before the institution of the Criminal action.
v Padica, G.R. No. 102645 (1993)]
NOTE: Voluntary release will only mitigate
criminal liability if crime was slight illegal

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

detention. If serious, it has no effect. [Asistio v. By making By detaining By failing to

Hon. San Diego, G.R. No. L-21991 (1964)] an arrest not a person deliver such
authorized without legal person to the
c. Article 269 - Unlawful Arrest by law ground proper
although the judicial
Elements [ADN] offender has authority
1. Offender Arrests or detains another person; authority to within a
2. Purpose of the offender is to Deliver him to
make arrests certain
the proper authorities; and
period.
3. Arrest or detention is Not authorized by law
or there is no reasonable ground therefor.
SECTION 2. KIDNAPPING OF MINORS
Offender
The offender may be a private individual or a d. Article 270 - Kidnapping and
public officer but the public officer must not be Failure to Return a Minor
vested with the authority to arrest or be acting
in his official capacity. [REYES, Book 2] Elements [ED]:
1. Offender is Entrusted with the custody of a
Arbitrary Detention v. Unlawful Arrest v. minor person (under 18 years of age)
Delay in the Delivery of Detained Persons 2. He Deliberately fails to restore the said
[REYES, Book 2] minor to his parents or guardians
Delay in
Unlawful Arbitrary Delivery of When Offender is a Parent
Arrest Detention Detained The penalty if the offender is a parent, is that
[Art. 269] [Art. 124] Persons provided in Art. 271 which is arresto mayor.
[REYES, Book 2]
[Art. 125]
As to Offender Failure to Return a Minor included in
Any person Public officer Kidnapping and Serious Illegal Detention
As to Purpose of the Offender The deliberate failure to return a minor under
Intention to No intention Intention to one’s custody constitutes deprivation of liberty.
bring the to bring the bring the Kidnapping and failure to return a minor is
offender to offender to offender to necessarily included in kidnapping and serious
the proper the proper the proper illegal detention of a minor under Article 267(4).
authority authorities. authority and [People v. Generosa, G.R. No. L-69236 (1986)]
and file a Intention is file a case
Failure to Return Minor v. Serious Illegal
case merely to
Detention
detain him.
Kidnapping and
As to the Classification Failure to Return
Crime Crime Against Fundamental Serious Illegal
a Minor
Detention of
against Law of the State [Art. 270]
Minors [Art. 267]
Liberty
As to Offender
Cause for Detention
Offender is Offender is not
Detention is without legal Detention is
entrusted with the entrusted with the
ground for some
custody of the minor custody of the
legal ground.
minor.
How Crime is Committed

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Hence, where a and the custody of the minor children is given

minor child was to one of them. [REYES, Book 2]
taken without the
knowledge and SECTION 3. SLAVERY AND SERVITUDE
consent of his
parents, the crime is f. Article 272 – Slavery
kidnapping and
Elements [PuSeKiDe-E]:
serious illegal
1. Offender Purchases, Sells, Kidnaps or
detention under
Detains a human being; and
Article 267. [People 2. Purpose of the offender is to Enslave such
v. Mendoza, G.R. person.
No. 180501 (2008)]
As to Act Punished Qualifying Circumstance
What is punished is What is punished is The penalty is increased if the purpose of the
the deliberate failure the illegal detaining offender is to assign the offended party to some
of the offender or kidnapping of the immoral traffic. [REYES, Book 2]
having custody of minor
the minor to restore g. Article 273 - Exploitation of Child
him to his parents or Labor
guardians
Elements [RAD]:
1. Offender Retains a minor in his services;
e. Article 271 - Inducing a Minor to
2. It is Against the will of the minor; and
Abandon His Home 3. It is under the pretext of reimbursing himself
of a Debt incurred by an ascendant,
Elements [MI]:
guardian or person entrusted with the
1. Minor (under 18) is living in the home of his
custody of such minor.
parents or guardians or the person
entrusted with his custody; and
h. Article 274 - Services Rendered
2. Offender Induces said minor to abandon
such home. Under Compulsion in Payment of
Debt
Requisites of Inducement
Inducement must be: [AID] Elements [HoLA-Pay]:
1. Actual, 1. Offender compels a debtor to work for him,
2. Committed with criminal Intent, and either:
3. Determined by a will to cause Damage. a. As a Household servant; or
[REYES, Book 2] b. Farm Laborer;
2. It is Against the debtor’s will;
Minor Need Not Actually Abandon his Home 3. Purpose is to require or enforce Payment of
The minor should not leave his home of his own a debt.
free will. What constitutes the crime is the act
of inducing a minor to abandon the home of his
guardian, and it is not necessary that the minor
actually abandons the home. [REYES, Book 2]

Parents may Commit the Crime

Father or mother may commit the crimes in Art.
170 and 171 where they are living separately

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Service under Compulsion v. Exploitation Elements of the First Punishable Act

of Child Labor [UWWF]:
Service under Exploitation of 1. Place is Uninhabited;
Compulsion Child Labor 2. Accused found there a person Wounded or
[Art. 274] [Art. 273] in danger of dying;
As to the Victim 3. Accused can render assistance Without
detriment to himself; and
Does not distinguish
Victim must be a 4. Accused Fails to render assistance.
whether or not the
minor
victim is a minor
Uninhabited Place
As to the Person Compelled to Work Whether a place is to be considered
The debtor himself The minor is uninhabited or not depends on the possibility of
is the one compelled compelled to render a person receiving assistance from another.
to work for the services for the The place may still be considered uninhabited
offender supposed debt of even if there are many houses around if the
his parents or possibility of receiving assistance is remote
guardian [id.]
As to Nature of Work
NOTES:
Limited to household
Service is not limited ● This provision does not apply when the
work or farm labor
offender intentionally wounds another
[REYES, Book 2]
2. Chapter II: Crimes Against ● The child under 7 years old must be found
Security in an unsafe place [id]
● It is immaterial that the offender does not
know that the child is under seven. [id]
SECTION 1. ABANDONMENT OF
HELPLESS PERSONS AND EXPLOITATION
OF MINORS b. Article 276 - Abandoning a Minor

a. Article 275 - Abandonment of
Persons in Danger and
Abandonment of Own Victim
Punishable Acts [UAC]
1. Failing to render assistance to any person
whom the offender finds in an Uninhabited
place, wounded or in danger of dying when
he can render such assistance without
detriment to himself, unless such omission
shall constitute a more serious offense.
2. Failing to help or render assistance to
another whom the offender has
Accidentally wounded or injured;
3. Failing to deliver a Child, under seven
years of age, whom the offender has found
abandoned, to the authorities or to his
family, or by failing to deliver him to a safe
place.
Elements [CSAN]:
1. Offender has the Custody of a child;
2. Child is under Seven years of age;
3. He Abandons such child; and
4. He has No intent to kill the child when the
latter is abandoned.
Qualifying Circumstances [DD]:
1. When the Death of the minor resulted from
such abandonment; or
2. If the life of the minor was in Danger
because of the abandonment.
Abandonment
Permanent, conscious and deliberate
abandonment is required. Abandonment is not
the momentary leaving of a child but is a
deprivation of care and protection from danger
to his person. [People v. Bandian, G.R. No.
45186 (1936)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

No Presumption of Intent to Kill Notes:

The ruling that the intent to kill is presumed a. Termination of obligation to educate
from the death of the victim of the crime is children – such obligation terminates if
applicable only to crimes against persons, and the mother and children refuse without
not to crimes against security, particularly the good reason to live with the accused.
crime of abandoning a minor under Art. 276. [People v. Miraflores, C.A.-G.R. No.
[REYES, Book 2] 43384]
b. Failure to give education must be due
Loss of Parental Authority to deliberate desire to evade such
If the offender is the parent of the minor who is obligation – if the parents cannot give
abandoned, he shall be deprived of parental education because they had no means
authority. [Art. 332, New Civil Code] to do so, then they will not be liable under
this article. [REYES, Book 2]
c. Article 277 - Abandonment of
Minor by Person Entrusted With Abandonment of Minor by Person
Entrusted with Custody v. Abandonment of
Custody; Indifference of Parents
a Minor
Punishable Acts [DEd]: Abandonment by
Abandonment of
1. Delivering a minor to a public institution or Person Entrusted
Minor
other persons without the consent of the with Custody
[Art. 276]
one who entrusted such minor to the care [Art. 277]
of the offender or, in the absence of that As to Custody of the Offender
one, without the consent of the proper Custody specific to
authorities; the rearing or
Custody in general
education of the
Elements [RedC]: child
a. Offender was in charge of the Rearing
As to Age of the Minor
or education of a minor;
Minor must be under Minor must be under
b. He Delivers said minor to a public
institution or other persons; and 18 7
c. No Consent was obtained from the one As to Act of Abandonment
who entrusted such child to the Minor is abandoned
Minor is delivered to
offender; or if such person is absent, the in such a way as to
a public institution or
proper authorities have not consented deprive him of care
to it. other person
and protection

2. Neglecting his (offender’s) children by not d. Article 278 - Exploitation of Minors

giving them the Education which their
station in life requires and financial
condition permits
Elements [PES]:
a. Offender is a Parent;
b. He neglects his children by not giving
them Education; and
c. His Station in life requires such
education and his financial condition
permits it.
Punishable Acts [DEDDI]:
1. Causing any boy or girl under 16 years of
age to perform any Dangerous feat of
balancing, physical strength or contortion,
the offender being any person;
2. Employing children under 16 years of age
who are not the children or descendants of
the offender in Exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-animal
tamer, the offender being an acrobat, etc.,

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

or circus manager or engaged in a similar Summary of Ages of Minors

calling;
3. Employing any Descendant under 12 years
of age in dangerous exhibitions
enumerated in the next preceding
paragraph, the offender being engaged in
any of the said callings;
4. Delivering a child under 16 years of age
gratuitously to any person following any of
the callings enumerated in mode 2, or to
any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher or person entrusted in any capacity
with the care of such child;
5. Inducing any child under 16 years of age to
abandon the home of its ascendants,
guardians, curators or teachers to follow
any person engaged in any of the callings
mentioned in paragraph 2 or to accompany
any habitual vagrant or beggar, the
offender being any person.
Minor is one who is:
1. Below 18 years of age
a. Kidnapping and Failure to Return a
Minor [Art. 270]
b. Abandonment of Minor Entrusted
with His Custody; Indifference of
Parents [Art. 277]
c. Swindling a Minor [Art. 317]
2. Below 16 years of age
a. Exploitation of Minors (Pars. 1, 2, 4
and 5) [Art. 278]
3. Below 12 years of age
a. Exploitation of Minors (Par. 3) [Art.
278]
4. Below 7 years of age
a. Abandoning a Minor [Art. 276]
b. Abandonment of helpless persons
in danger and abandonment of
one’s own victim (Par 3) [Art.
275(3)]

Qualifying Circumstances: e. Article 279 – Additional Penalties

Delivery of the child in consideration of any
for Other Offenses
price, compensation, or promise. [Art. 278,
RPC]
Other Penalties may be Imposed
The penalties prescribed in Art 275-278 shall
Other Effects if Offender is Convicted:
not prevent the imposition of penalties under
1. Guardian or Curator – shall be removed as
other provisions of the RPC upon the same
such.
offender.
2. Parents – may be deprived of their parental
authority, temporarily or perpetually, at the
SECTION 2. TRESPASS TO DWELLING
court’s discretion [Art. 278, RPC].

Exploitation of Minors v. Inducing a Minor f. Article 280 - Qualified Trespass to

to Abandon his Home [REYES, Book 2] Dwelling
Exploitation of Inducing a Minor
Minors [Art. 278, to Abandon His Elements [PEW]
par. 5] Home [Art. 271] 1. Offender is a Private person;
2. He Enters the dwelling of another; and
As to Purpose
3. Such entrance is against the latter’s Will.
Purpose is to follow
Purpose is to simply
any person engaged Qualifying Circumstance:
induce the minor to
in any of the callings Offense is committed by means of violence or
leave his home.
mentioned intimidation.
As to Age of Victim
Victim is under 16 Victim is a minor Dwelling Place
years or 12 years of (below 18 years of The place that a person inhabits. It is any
age age) building or structure exclusively devoted for
rest and comfort. It includes the dependencies

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

which have interior communication with the dwelling as an aggravating circumstance

house. [REYES, Book 2] [REYES, Book 2]

It is not necessary that it be the permanent Owners may be Guilty of Trespass

dwelling of the person. A person’s room in a Trespass may be committed by the owner of a
hotel may be considered a dwelling. It also dwelling (i.e. lessor enters the house leased to
includes a room where one resides as a another against the latter’s will). [People v.
boarder. [REYES, Book 2] Almeda et al.,15 Phil 223]

Authority to Invite into House What is Not Considered Trespass [PSC]:

All members of a household are presumed to 1. Entrance to another’s dwelling made for the
have authority to extend an invitation to enter purpose of Preventing some serious harm
the house. [US v. Dulfo, G.R. No. 4133 (1908)] to himself, the occupants of the dwelling, or
a third person.
Prohibition Required 2. If the purpose is to render some Service to
General Rule: Prohibition must be in existence humanity or justice.
prior to or at the time of entrance. The entrance 3. If the place where entrance is made is a
must be against the presumed, or implied, or Café, tavern, inn, and other public house,
express prohibition of the occupant. Lack of while the same are open.
permission does not amount to prohibition.
[People v. De Peralta, G.R. No. 17332 (1921)] Violation of Domicile vs. Trespass to
Dwelling
Exception: Prohibition is not necessary when Violation of Trespass to
violence or intimidation is employed by the Domicile [Art. 128] Dwelling [Art. 280]
offender (qualified trespass). [REYES, Book 2] Classification
● Violence or intimidation may take place Crimes against
immediately after the entrance [US v. Crime against
Fundamental Laws
Arceo, G.R. No. 1491 (1904)] Security
of the State
Implied Prohibition As to Offender
1. If the entry is made by a way not intended Public officer or
for entry, it is presumed to be against the will employee, not
Private individual
of the occupant (example, entry through a authorized by any
window). [REYES, Book 2] judicial order
2. When one enters the dwelling of another at As to Manner of Commission
late hour of the night after the occupants 1. Entering the
have retired and closed their doors does so dwelling against
against their will. Prohibition is presumed. the will of the
[US v. Mesina, G.R. No. 6717 (1911); US v.
owner
Panes, G.R. 7987 (1913)]
2. Surreptitiously Entering the
Crime Committed if a Person is Killed entering the dwelling against the
If a person was killed after trespass by the swelling and will of the owner.
offender, the following crimes are committed: refusing to leave
1. If there was no intent to kill when he after being
entered: separate crimes of homicide or required to do
murder qualified by trespass to dwelling. so.
2. If there was intent to kill when he
entered: the crime is homicide/murder with

Page 218 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 281 - Other Forms of SECTION 3. THREATS AND COERCION

Trespass
Elements [CUMN]:
1. Offender enters the Closed premises or the
fenced estate of another;
2. Entrance is made while either of them is
Uninhabited;
3. Prohibition to enter is Manifest; and
4. Trespasser has Not secured the permission
of the owner or the caretaker thereof.
Premises
“Premises” signifies distinct and definite
locality. It may mean a room, shop, building or
definite area, but in either case, locality is fixed.
[REYES, Book 2]
h. Article 282 - Grave Threats
Punishable Acts [AWC]
1. Threatening another with the infliction upon
his person, honor or property or that of this
family of any wrong amounting to a crime
and demanding money or imposing any
other condition, even though not unlawful,
and the offender Attained his purpose;
2. Making such threat Without the offender
attaining his purpose;
3. Threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a Crime,
the threat not being subject to a condition.

Qualified Trespass v. Other Forms of Elements:

Trespass [REYES, Book 2] Mode 1: Mode 2: Mode 3:
Qualified Trespass Threatening Threat w/o Threat of
Other Forms of
to Dwelling [Art. , even if not attaining crime
Trespass [Art. 281] unlawful purpose [TCNN]
280]
As to Offender [TCDA] [TCDN]
Offender is a private Offender is any 1. Offender Threatens another person with
person person the infliction upon the latter’s person, honor
As to the Premises Entered or property, or upon that of the latter’s
Offender enters family, of any wrong.
Offender enters a 2. Such wrong amounts to a Crime.
closed premises or
dwelling
fenced estate 3. There is a Demand for 3. Threat is
As to Place money or that any other Not subject
Place entered is Place entered is condition is imposed, even to a
inhabited uninhabited though not unlawful. condition.
As to Act Punished 4. Offender 4. Offender
Entering the closed Attains his does Not
premises or the purpose. attain his
Entering the purpose.
fenced estate
dwelling against the
without securing the
will of the owner Third Type of Grave Threats
permission of the
owner or caretaker. The third type of grave threats must be serious
and deliberate; the offender must persist in the
As to Prohibition
idea involved in his threats. The threat should
Prohibition to enter is Prohibition to enter not be made in the heat of anger, because such
express or implied must be manifest is punished under Article 285. If the condition
is not proved, it is grave threats of the third
type. [REYES, Book 2]

Page 219 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Qualifying Circumstance: 4. Offender has Attained his purpose or, that

If the threat was made in writing or through a he has Not attained his purpose.
middleman, penalties imposed will be that of
the maximum period. [REYES, Book 2] NOTE: Blackmailing may be punished under
this article. [REYES, Book 2]
Offended Party Need Not be Present
It is not necessary that the offended party was Grave Threats v. Light Threats [REYES,
present at the time the threats were made. It is Book 2]
sufficient that the threats came to the Grave Threats Light Threats
knowledge of the offended party. [REYES, [Art 282] [Art 283]
Book 2] Acts Threatened to be Committed
Act threatened does
When Consummated Act threatened
not amount to a
As soon as the threats came to the knowledge amounts to a crime
crime
of the offended party. [REYES, Book 2]
As to Demand for Money
Commission of Crime Threatened Demand for
If there is another crime actually committed or money/imposition of
Demand is not an
the objective of the offender is another crime any condition is an
essential element
and the threat is only a means to commit or a essential element
under mode 3.
mere incident to its commission, the threats are whether attained or
absorbed by the latter. [REYES, Book 2] not.

Example: When threats are made and money j. Article 284 - Bond for Good
or property is demanded on the spot, the crime
Behavior
may be robbery with intimidation. [US v.
Osorio, G.R. No. 6660 (1912)]
When a Person is Required to Give Bail
Bond
Sec. 1(h) of PD 1829 (Obstruction of
When the offender threatens another under the
Justice)
circumstances mentioned in:
Threatening the infliction of any wrong upon
1. Art. 282 (Grave Threats); or
another’s person, honor, or property or that of
2. Art. 283 (Light Threats).
any of his immediate family members or the
imposition of a condition, whether lawful or
unlawful, shall be punished as obstruction of Bond for Good Behavior v. Bond to Keep
justice when the purpose of such is to prevent the Peace
a person from appearing in the investigation of, Bond for Good Bond to Keep the
or official proceedings in criminal cases. [Sec Behavior Peace
1(h), P.D. No. 1829] [Art 284] [Art 35]
As to Applicability to Cases
i. Article 283 - Light Threats Applicable only to
Not applicable to
grave threats and
any particular case
Elements [T-N-D-AN]: light threats
1. Offender makes a Threat to commit a Effect of Failure to Give
wrong; He shall be He shall be detained
2. Wrong does Not constitute a crime; sentenced to for a period not
3. There is a Demand for money or that other destierro. exceeding 6 months
condition is imposed, even though not
(if prosecuted for
unlawful; and
grave/less grave

Page 220 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

felony) or not As to Whom Violence is Directed

exceeding 30 days Intimidation is Intimidation is
(light felony) directed against the directed against the
As a Penalty victim or his family victim only
Not a distinct
A distinct penalty
penalty Elements
[REYES, Book 2] Mode 1: Mode 2:
Preventing Compelling
k. Article 285 – Other Light Threats something not Another to do
Prohibited by Law Something against
Punishable Acts [WDACN] [PVN] his Will [CVN]
1. Threatening another with a Weapon; 1. Offender 1. Offender
2. Drawing such weapon in a quarrel, unless it Prevented another Compelled another
be in lawful self-defense; from doing to do something
3. Orally threatening another, in the heat of something not against his will; be it
Anger, with some harm constituting a prohibited by law right or wrong
Crime, without persisting in the idea
2. Effected by Violence, threats or
involved in his threat; and
4. Orally threatening to do another any harm intimidation
Not constituting a felony. 3. Restraint is Not made under authority of
If Uttered in Anger law or in the exercise of any lawful right
If the threats are directed to a person who is
absent and uttered in a temporary fit of anger, When Prevention is Not Considered
the offense is only other light threats. [People Coercion [REYES, Book 2]
v. Fontanilla, G.R. No. 39248 (1934)] a. Interruption of religious worship [Art. 132,
RPC].
Other Light Threats v. Grave/Light Threats b. Acts tending to prevent the meeting of the
Other Light Grave Threats Assembly and similar bodies. [Art. 143,
Threats and Light Threats RPC].
[Art 285] [Arts. 282 and 283] c. Violation of parliamentary Immunity. [Art.
As to Demand/Condition 145, RPC].
d. Light coercion [Art. 287, RPC].
No demand for In certain cases,
money or condition demand or condition
When Compulsion is not Considered
is imposed is material Coercion [REYES, Book 2]
As to Threat a. Expulsion [Art 127, RPC]
Threat is not Threat is deliberate b. Kidnapping of debtor to compel him to pay
deliberate [Art. 267, RPC]

l. Article 286 - Grave Coercions When Consummated

Coercion is consummated even if the offended
Threats v. Coercion party did not accede to the purpose of coercion.
Threats Coercion [US v. Cusi, G.R. No. 3699 (1908)]
As to Threatened Harm
Qualifying Circumstances [SRR]
Threatened harm
Threatened harm is 1. Violation of the exercise of the right of
must be imminent, Suffrage
future and
actual, and 2. Compelling another to perform any
conditional
immediate Religious Act

Page 221 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. Preventing another to perform any Unjust Vexation

Religious act [REYES, Book 2] It includes any human conduct which, although
not productive of some physical or material
Grave Coercion v. Illegal Detention [REYES, harm would, however, unjustifiably annoy or
Book 2] vex an innocent person. [REYES, Book 2]
Grave Illegal Maltreatment of
Coercion Detention Prisoners Grave Coercion v. Unjust Vexation [REYES,
[Art. 286] [Art. 267- [Art. 235] Book 2]
268] Grave Coercion Unjust Vexation
As to Offender [Art. 286] [Art. 287]
Any Private Public Officer or As to Violence and Intimidation
person individual employee There is violence There is no violence
As to Offended Party and intimidation or intimidation
Offended party is not a Offended party is
prisoner a prisoner Light Coercion v. Robbery v. Estafa [Boado]
Estafa by
As to Essential Element
Light Means of
Coercion Actual Maltreatment Robbery
Coercion Deceit
or confineme related to [Art. 294]
[Art. 287] [Art. 315 (2 &
prevention nt or correction/handli
3)]
by restraint of ng of prisoner or
Property Value of the No obligation
violence, the person to extort a
seized is property on the part of
threats or confession or
applied to seized is the offended
intimidatio information
debt by greater than party (no debt
n.
means of the debt and is involved)
violence. violence, but deceit
There is
intimidation caused
no clear
or use of damage to
intent of
force upon him.
depriving
things is
of liberty.
employed
m. Article 287 - Light Coercions
n. Article 288 - Other Similar
Elements [CresSViA]: Coercions
1. Offender must be a Creditor;
2. He Seizes anything belonging to his debtor; Punishable Acts [PT]
3. Seizure of the thing is accomplished by 1. Forcing or compelling, directly or indirectly,
means of Violence or a display of material or knowingly permitting the forcing or
force producing intimidation; and compelling of the laborer or employee of
4. Purpose of the offender is to Apply the the offender to Purchase merchandise of
same to the payment of the debt. commodities of any kind from him;

NOTE: Any other coercion or unjust vexation is Elements [OLP]:

also punishable under this provision. a. Offender is any person, agent or Officer
of any association or corporation;
b. He or such firm or corporation has
employed Laborers or employees;

Page 222 of 277

U.P. BOC CRIMINAL LAW II
c. He forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to Purchase
merchandise or commodities of any
kind from him or from said firm or
corporation.
2. Paying the wages due his laborer or
employee by means of Tokens or object
other than the legal tender currency of the
Philippines, unless expressly requested by
such laborer or employee.
Elements [TON]:
a. Offender (employer) pays the wages
due a laborer or employee by means of
Tokens or object;
b. Those tokens or Objects are not the
legal tender currency of the Philippines;
c. Such employee or laborer does Not
expressly request that he be paid by
means of tokens or objects.
o. Article 289 - Formation,
Maintenance, and Prohibition of
Combination of Capital or Labor
through Violence or Threats
(repealed by Labor Code)
Elements [ViCo]:
1. Offender employs Violence or threats, in
such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work; and
2. Purpose is to organize, maintain or prevent
Coalitions of capital or labor, strike of
laborers or lockout of employers.
3. Chapter III: Discovery and
Revelation of Secrets
Page 223 of 277
CRIMINAL LAW
a. Article 290 - Discovering Secrets
through Seizure of
Correspondence
Elements [PSDI]:
1. Offender is a Private individual or a public
officer not in the exercise of his official
function;
2. He Seizes the papers or letters of another;
3. Purpose is to Discover the secrets of such
another person; and
4. Offender is Informed of the contents of the
papers or letters seized.
NOTE: Discovering secrets through seizure of
correspondence cannot be committed through
negligence. [REYES, Book 2]
Persons Not Covered by Art. 290
Provision is not applicable to parents,
guardians, or persons entrusted with the
custody of minors placed under their care or
custody, and to the spouses with respect to the
papers or letters of either of them. [Id.]
Qualifying Circumstance
Offender reveals the contents to a third person.
[id]
b. Article 291 - Revealing Secrets with
Abuse of Office
Elements [MES-L-R]:
1. Offender is a Manager, Employee or
Servant;
2. He Learns the secrets of his principal or
master in such capacity; and
3. He Reveals such secrets.
Damage Immaterial
An employee, manager, or servant who reveals
the secret of his master or principal shall be
liable regardless of the damage suffered by the
principal or master. [REYES, Book 2]
Secrets Learned in the Course of
Employment
Essence of this crime is that the offender
learned of the secret in the course of his
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

employment. With the reason being that no one 2. The manufacturing or industrial
has a right to the personal privacy of another. establishment has a Secret of the industry
[id.] which the offender has learned;
3. Offender Reveals such secrets; and
Discovering Secrets through Seizure of 4. Prejudice is caused to the owner.
Correspondence v. Public Officer
Revealing Secrets of Private Individual vs. NOTES:
Revealing Secrets with Abuse of Office 1. Secrets must relate to manufacturing
Discovering Public Revealing processes [REYES, Book 2]
Secrets Officer Secrets 2. The revelation of the secret might be made
through Revealing with Abuse even after the employee or workman had
Seizure of Secrets of of Office ceased to be connected with the
Corresponde Private [Art. 291] establishment. [id.]
nce Individual
[Art. 290] [Art. 230] J. CRIMES AGAINST
As to Offender
PROPERTY
Private Public Manager,
Individual or Officer Employee
Public Officer or Servant 1. Chapter I: Robbery in General
not in the serving a
exercise of his Principal or a. Article 293 – Who Are Guilty of
official Master Robbery
functions
As to Where Secrets are Contained Classifications of Robbery: [ViFo]
Papers or No specific No specific 1. Robbery with Violence against, or
intimidation of persons (Arts. 294, 297 &
letters of medium. medium.
298); and
another What is The
2. Robbery by use of Force upon things (Art.
necessary offender
299 & 302) [REYES, Book 2]
is that the learns of
offender the secret Elements of Robbery in General [PTI-ViFo]:
learns of by reason 1. There is a Personal property belonging to
the secret of her or his another;
by reason employmen 2. There is unlawful Taking of that property;
of his office t. 3. The taking must be with Intent to gain; and
As to Revelation of Secrets 4. There is:
Secrets need Secrets must be revealed a. Violence against or intimidation of any
not be person; or
b. Force used upon things
revealed.
1. There is a Personal property belonging
c. Article 292 - Revelation of to another;
Industrial Secrets
Rules:
Elements: a. Property taken must be personal – if real
1. Offender is a person in charge, employee or property/right is the one usurped, the crime
workman of a manufacturing or industrial is usurpation under Art. 312. [REYES, Book
Establishment; 2].

Page 224 of 277

U.P. BOC CRIMINAL LAW II
b. Prohibitive articles may be the subject of
a Robbery - example: Opium [U.S. v. Sana
Lim, G.R. No. 9604, (1914)]
c. Person from whom the personal
property taken need not be the owner -
possession of the property is sufficient.
[REYES, Book 2]
d. Co-owner or Partner cannot commit
Robbery – following the rule that property
stolen must belong to another; a co-owner
or partner cannot commit robbery with
regard to the co-ownership or partnership
property. [id.]
2. There is unlawful Taking of that
property;
Taking - Depriving the offended party of
ownership of the thing taken with the character
of permanency [Bernal vs. CA, G.R. No. L-
32798, (1988)]
Unlawful taking is complete:
a. As to Robbery with Violence against or
Intimidation of Persons – From the
moment the offender gains possession of
the thing, even if the culprit had no
opportunity to dispose the same.
b. As to Robbery with Force Upon Things –
The thing must be taken out of the building
to consummate the crime [id.]
When Crime is Estafa and not Robbery
If the thing is lawfully seized and the idea of
misappropriating it is conceived only after it
came into their possession, the crime
committed would be estafa. [U.S. vs. Sana Lim,
supra]
3. The taking must be with Intent to gain;
and
Intent to Gain is Presumed
Intent to gain is presumed from the unlawful
taking of personal property belonging to
another, unless taken with the belief that it was
his own. REYES, Book 2]
Page 225 of 277
CRIMINAL LAW
Elements of “Personal Property belonging
to Another” and “Intent to Gain” must
concur:
a. If the accused, with intent to gain, took from
another, personal property which turned out
to be his own property, the property not
belonging to another, he cannot be held
liable for robbery;
b. If he took personal property from another,
believing that it was his own property, but in
reality it belonged to the offended party,
there being no intent to gain, he cannot be
held liable for robbery. [id.]
4. There is:
a. Violence against or intimidation of any
person; or
b. Force used upon things.
General Rule: Violence or intimidation must be
present before the taking of personal property
is complete.
Exception: When violence results in:
a. Homicide;
b. Rape;
c. Intentional mutilation; or
d. Any of the serious physical injuries
penalized in paragraphs 1 and 2 of Art. 263;
Taking of personal property is robbery
complexed with any of those crimes under Art.
294, even if the taking was already complete
when the violence was used by the offender.
Violence must be Against the Person
Offended
The violence must be against the person of the
offended party, not upon the thing taken.
[REYES, Book 2]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Violence Against or Intimidation of Persons against or intimidation of persons, even if the

vs. Force Upon Things robbery was committed after the offender had
Violence Against entered the same through a window, or after
or Intimidation of Force Upon Things breaking its door or wall. [REYES, Book 2]
Persons
As to Effect SECTION 1. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
Whenever violence There is robbery
against or only if force is used
intimidation of any to: [EBF]
b. Article 294 – Robbery with
person is used, the 1. Enter the Violence or Intimidation of
taking of personal building; Persons
property belonging 2. Break doors,
wardrobes, Punishable Acts: [HRIP-UNoV]
to another is always
chests, or any 1. When by reason or on occasion of the
robbery
other kind of robbery, the crime of Homicide is
locked or sealed committed;
furniture or 2. When the robbery is accompanied by Rape
receptacle inside or intentional mutilation or arson;
the building; or 3. When by reason or on occasion of such
3. Force them open robbery any of the physical injuries resulting
outside after in Insanity, imbecility, impotency or
taking the same blindness is inflicted;
from the building 4. When by reason or on occasion of robbery,
[Art. 299 & 302, any of the Physical injuries penalized in Art.
RPC] 263(2) [Serious Physical Injuries] is inflicted;
As to Basis of Penalty a. Loss of the use of speech or the power
to hear or to smell, or the loss of an eye,
Penalty depends on: If committed in an
a hand, a foot, an arm or a leg; or
[RIn] inhabited house,
b. Loss of the use of any such member; or
1. Result of the public building, or c. Incapacity for the work in which the
violence used edifice devoted to injured person is theretofore habitually
(e.g., whether religious worship, engaged is inflicted.
homicide, rape or the penalty is based
5. If the violence or intimidation employed in
physical injuries
on: [VA] the commission of the robbery is carried to
were also
1. Value of the thing a degree clearly Unnecessary for its
committed); and
taken; and commission.
2. Existence of
2. Whether 6. When in the course of its execution, the
Intimidation.
offenders carry offender inflicted upon any person Not
Arms responsible for the commission of the
Value of the thing robbery any of the Physical Injuries covered
taken is immaterial. by Art 263(3 & 4) of the RPC; when the
[id.] person injured becomes:
a. Becomes deformed; or
Effect When Both Violence or Intimidation b. Loses any other member of his body; or
and Force Upon Things are Present c. Loses the use thereof; or
When the offender takes personal property d. Becomes ill or incapacitated for the
belonging to another with intent to gain and performance of the work in which he is
employs violence against or intimidation on any habitually engaged for labor for more
person, the crime is robbery with violence than 90 days; or

Page 226 of 277

U.P. BOC CRIMINAL LAW II
e. Becomes ill or incapacitated for labor for
more than 30 days, but not more than 90
days.
7. If the Violence employed by the offender:
a. Does not cause any of the serious
physical injuries defined in Art. 263, or
b. If the offender employs intimidation only.
NOTE: The crime defined in this article is a
special complex crime. [REYES, Book 2]
This article only applies where robbery with
violence against or intimidation of persons
takes place without entering an inhabited
house under the circumstances in Art. 299
(Robbery in an Inhabited House or Public
Building) [Napolis vs. CA, G.R. No. L – 28865,
(1972)]
Special Complex Crimes Under Art. 294:
1. Robbery with Homicide
Homicide - is to be understood in its generic
sense as to include parricide and murder
[REYES, Book 2]
Robbery must be the Main Purpose
A conviction for robbery with homicide requires
certitude that the robbery was the main
purpose and objective of the criminals and that
the killing was merely incidental, resulting
merely by reason or on the occasion of the
robbery. [People vs. Salazar, G.R. No. 99355,
(1997)]
“By reason or on occasion of the robbery”
- means that the homicide or serious physical
injuries must be committed in the course or
because of the robbery. Otherwise, they shall
be separate offenses [REYES, Book 2]
Absorption of Other Felonies Committed
All the felonies committed by reason of or on
the occasion of the robbery (e.g., rape,
intentional mutilation, etc.) are integrated into
one and individisible felony of robbery with
homicide [id.].
Page 227 of 277
CRIMINAL LAW
When Not Complexed
In the following instances, there will be two
separate crimes of homicide or murder and
robbery [id.].:
1. When homicide was not committed by
reason of or on occasion of the robbery
2. When intent to take was merely an
afterthought; such as when the idea of
taking the personal property of another with
intent to gain came to the mind of the
offender after he had killed the victim.
However, homicide may precede robbery
or may occur after the robbery. What is
essential is that there be a direct and
intimate relation/connection between the
robbery and killing, provided that the taking
is not merely an afterthought [REYES,
Book 2]
There is Robbery with Homicide even if:
a. The killing is done to suppress evidence,
as long as the robbery is “the reason” of the
homicide [People vs. Madrid, G.R. No. L-
3023, (1951)]
b. The death of a person supervened by mere
accident [People vs. Mangulabnan, G.R.
No. L-8919, (1956)]
c. The person killed was a bystander and not
the person robbed [People vs. Barut, G.R.
No. 179943, (2009)]
Covers Multiple Killings
The concept of robbery with homicide does not
limit the taking of life to one single victim.
All the homicides or murders are merged in the
composite, integrated whole, so long as all the
killings were perpetrated by reason or on the
occasion of the robbery. [People vs. Madrid,
id.]
All Participants Are Principals
General Rule: All those who took part as
principals in the robbery would also be held
liable as principals of the single and indivisible
felony of robbery with homicide
Exception: When it clearly appears that one or
some of them endeavored to prevent the same.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

[People vs. Hernandez, G.R. No. 139697, Covers Multiple Rapes

(2004)] All rapes are merged in the composite
integrated whole that is robbery with rape and
NOTES: There is no crime of robbery with it does not matter whether the rap occurred
murder. If treachery is present, it shall be before, during or after the robbery [People v.
considered as a generic aggravating Seguis, G.R. No. 135034, (2001)]
circumstance [People vs. Abang, G.R. No. L-
14623, (1960)] NOTE: Additional acts of rape committed on
same occasion of robbery will not increase the
Robbery with Homicide vs. Highway penalty, also they shall neither be considered
Robbery aggravating circumstances [REYES, Book 2]
Robbery with Highway Robbery
Homicide [Art. 294] [PD 532] Rape as an Aggravating Circumstance
As to the Proof Required for Conviction When Rape and Homicide co-exist in the
Conviction for Conviction for commission of Robbery, Rape is considered as
an aggravating circumstance [People vs.
robbery with highway robbery
Ganal, G.R. No. L-1990, (1950)]
homicide merely requires proof that
requires proof that several accused All Participants are Principals
the homicide was were organized for Based on the concept of conspiracy, all
committed by the purpose of robbers may be held liable for robbery with
reason or on the committing it rape even if not all of them committed the crime
occasion of a indiscriminately. of rape [People vs. Balacanao, G.R. No.
robbery 118133, (2003)]
[REYES, Book 2]
3. Robbery with Arson
2. Robbery with Rape In robbery with arson, it is essential that the
Like in robbery with homicide, the offender robbery precedes the arson.
must have the intent to take the personal
property belonging to another with intent to There must be an intent to commit robbery, and
gain, and such intent must precede the rape. no killing, rape or intentional mutilation should
[REYES, Book 2] be committed in the course of the robbery, or
else arson will only be considered as an
NOTE: Even if the rape was committed in aggravating circumstance [BOADO].
another place, it is still robbery with rape [US
vs. Tiongco, G.R. No. L-12270, (1918)] 4. Robbery with Serious Physical Injuries
Any injuries not under Art. 263 or not serious in
Rape may be Committed before taking the nature will fall under a Simple Robbery
Personal Property [REYES, Book 2]
They intention of the culprits from the
beginning was to take personal property. Even In Robbery with Unnecessary Violence and
if the rape was committed before the taking, Intimidation under par. 4, the Violence need not
they are guilty of robbery with rape. [People vs. result in Physical Injuries; all that Art. 294
Canastre, G.R. No. L-2055 (1948)] requires is that the violence be unnecessary for
the commission of the robbery. [Id.]
No Crime of Robbery with Attempted Rape
Art. 294, par. 2, which punishes robbery with 5. Simple Robbery
rape (consummated) does not cover robbery Under Par. 5 or Simple Robbery, this involves
with attempted rape. [REYES, Book 2] slight or less serious physical injuries, which

Page 228 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

are absorbed in the crime of robbery as an performance of an

element thereof [REYES, Book 2] act

NOTE: Violence or intimidation may enter at c. Art. 295 – Robbery with Physical
any time before the owner is finally deprived of
Injuries Committed in an
his property [id.]
Uninhabited Place and by a Band
Threats to Extort Money vs. Robbery or With the Use of a Firearm on a
through Intimidation [REYES, Book 2] Street, Road or Alley
Threats to Extort Robbery Through
Money Intimidation Qualified Robbery with Violence Against or
[Art. 282] [Art. 294] Intimidation of Persons (Art. 294 par. 3, 4
As to the Nature of the Intimidation and 5):
If committed: [U-BAES]
Conditional or future Actual and
1. In an Uninhabited place, or
Immediate
2. By a Band, or
As to How Intimidation is Done 3. By Attacking a moving train, street car,
May be through an Personal motor vehicle, or airship, or
Intermediary 4. By Entering the passengers’ compartments
As to Whom Intimidation is Directed in a train, or in any manner taking the
May refer to the directed only to the passengers thereof by surprise in the
person, honor or person of the victim respective conveyances; or
property of the 5. On a Street, road, highway, or alley, and
offended party or the intimidation is made with the use of
Firearms
that of his family
As to the Culprit’s Gain
NOTE: Above circumstances must be alleged
Gain is not Gain is immediate in the information. Moreover, these 5 qualifying
immediate circumstances cannot be offset by a generic
mitigating circumstance. [REYES, Book 2]
Robbery vs. Bribery
Robbery Bribery Uninhabited place
[Arts. 293 & 294] [Art. 210-211-A] One where there are no houses at all, a place
As to the Manner of Commission at a considerable distance from the town, or
Victim is deprived of Victim voluntarily where the houses are scattered at a great
his personal parts with his money distance from each other. [REYES, Book 1]
property by violence, or property.
Imposable Penalty
intimidation or force
Offender found liable under this article shall be
upon things.
punished by the maximum periods of the
As to Purpose of Deprivation of Property proper penalties in Art. 294. [id.]
Offender simply Money or gift
intends to gain. obtained by the d. Art. 296 – Definition of a Band and
person bribed was Penalty Incurred by the Members
meant as thereof
consideration for the
agreement of Rule: [4-AP]
performance or non- 1. When at least 4 (more than 3) armed
malefactors take part in the commission of

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U.P. BOC CRIMINAL LAW II
a robbery, it is deemed committed by a
band.
2. When any of the Arms used in the
commission of robbery is not licensed,
penalty upon all the malefactors shall be the
maximum of the corresponding penalty
provided by law, without prejudice to the
criminal liability for illegal possession of
such firearms.
3. Any member of a band who was present at
the commission of a robbery by the band,
shall be punished as Principal of any of the
assaults committed by the band, unless it be
shown that he attempted to prevent the
crime.
Requisites for Liability for the Acts of Other
Members: [MPAP]
1. He was a Member of the band.
2. He was Present at the commission of a
robbery by that band.
3. Other members of the band committed an
Assault.
4. He did not attempt to Prevent the assault.
NOTE: Conspiracy is presumed when robbery
is committed by band [REYES, Book 2]
No Crime of “Robbery with Homicide in a
Band”
If the robbery with homicide is committed by a
band, the indictable offense would still be
denominated as "robbery with homicide" under
Art. 294(1), but the circumstance that it was
committed by a band would be appreciated as
an ordinary aggravating circumstance. [id.]
Use of Loose Firearm
The use of a loose firearm, when inherent in
the commission of a crime punishable under
the RPC or other special laws, shall be
considered as an aggravating circumstance.
Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
with a max penalty which is lower than that
prescribed for illegal possession of firearm, the
penalty for illegal possession of firearm shall be
imposed in lieu of the penalty for the crime
charged [Sec. 29, RA 10591]
Page 230 of 277
CRIMINAL LAW
NOTE: Use of an unlicensed firearm by a band
cannot be offset by a generic mitigating
circumstance [REYES, Book 2]
e. Article 297 – Attempted and
Frustrated Robbery Committed
under Circumstances
Elements: [AF-H]
1. There is Attempted or Frustrated robbery
2. A Homicide is committed on the same
occasion
Homicide in its Generic Sense
Homicide under Art. 297 is used in its generic
sense and includes multiple homicides,
murder, parricide, or even infanticide [REYES,
Book 2]
Imposable Penalty:
General Rule: Reclusion temporal in its
maximum period to reclusion perpetua
Exception: If the homicide deserves a higher
penalty. Thus, in an attempted or frustrated
robbery, and the killing of the victim is qualified
by treachery or relationship, the proper penalty
for murder or parricide shall be imposed
because it is more severe. [id]
If Homicide is not Consummated, the
crimes of Robbery and Attempted or
Frustrated Homicide:
1. May be Considered as separate crimes;
2. May be Complexed (Art. 48)
3. May be considered as one crime, one
crime being absorbed by the other
[REYES, Book 2]
Attempted or Frustrated robbery with
Serious Physical Injuries, Art. 48 is
applicable
When the offense committed is attempted or
frustrated robbery with serious physical
injuries, Art. 48 (penalty for complex crimes) is
applicable, since the felony would fall neither
under Art. 294 which covers consummated
robbery with homicide nor under Art. 297 which
covers attempted or frustrated robbery with
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

homicide. [People v. Villanueva, G.R. No. 2. Even if there was No entrance by any of
2676, (1939)] those means, he broke a wardrobe, chest,
or any other kind of locked or closed or
f. Article 298 – Execution of Deeds by sealed furniture or receptacle in the house
Means of Violence or Intimidation or building, or he took it away to be broken
or forced open outside. [REYES, Book 2]
Elements: [IC-VI]
1. Offender has Intent to defraud another; g. Article 299 – Robbery in an
2. Offender Compels him to sign, execute, or Inhabited House/Public Building or
deliver any public instrument or document; Edifice Devoted to Worship
and
3. Compulsion is by means of Violence or Mode 1: Entering Effected Through Force
Intimidation. Elements: [E-E-T]
1. Offender Entered: [EBR]
NOTE: a. An inhabited House; or
● "Public" describes the word "instrument" b. Public Building
only. Hence, this article applies even if the c. Edifice devoted to Religious worship
document signed, executed or delivered is 2. Entrance was effected by any of the
a private or commercial document. following means: [OBFN]
[REYES, Book 2] a. Through an Opening not intended for
● Art 298 is not applicable if the document is entrance or egress;
void [Id.] b. By Breaking any wall, roof, or floor, or
door or window;
Execution of Deeds by Means of Violence or c. By using False keys, picklocks or similar
Intimidation vs. Grave Coercion tools; or
Execution of Grave Coercion d. By using any fictitious Name or
Deeds by Means of [Art. 286] pretending the exercise of public
Violence or authority.
Intimidation [Art. 3. Once inside the building, offender Took
298] personal property belonging to another with
As to the Manner of Commission intent to gain.
Violence is used in Violence is used in
Imposable Penalty
compelling the compelling the
Penalty depends on the value of property taken
offended party to offended party to and on whether or not offender carries arm.
sign or deliver the sign or deliver the [REYES, Book 2 citing Art. 299, RPC]
document, with document, without
intent to defraud intent to defraud Inhabited House vs. Public Building
[REYES, Book 2] [REYES, Book 2]
Inhabited House Public Building
SECTION 2. ROBBERY BY THE USE OF Any shelter, ship or Every building owned
FORCE UPON THINGS vessel constituting the by the Government or
dwelling of one or belonging to a private
Robbery by the use of force upon things is more persons even person but used or
committed only when either: [299-302-N] though the inhabitants rented by the
1. Offender entered a house or building by any thereof are temporarily Government, although
of the means specified in Art. 299 or Art. absent therefrom temporarily
302; or when the robbery is unoccupied by the
committed. same.

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U.P. BOC CRIMINAL LAW II
Rules:
1. Offender must "enter the house or
building in which the robbery is
committed." The whole body must enter
the building or house. Thus, if the offender
merely inserted his hand through an
opening in the wall or used a pole through
the window to get the clothes inside the
room, while the offender remained outside
the house or building, the crime committed
is theft, not robbery. [REYES, Book 2]
2. There must be intention to take
personal property. If there is no evidence
to show that the intention of the accused
was to commit robbery upon entering the
building. The crime committed is attempted
trespass to dwelling under Art. 280 (2),
RPC [People v. Tayag, G.R. L-40512,
(1934)]
3. Means enumerated must be used to
enter the house. It does not refer to the
method used to exit [REYES, Book 2], nor
to open a trunk in the house [U.S. vs.
Macamay, G.R. No. 11952, (1917)].
False Keys
The genuine key must be stolen, not taken by
force or with intimidation, from the owner.
Otherwise, the crime would be robbery with
intimidation of persons. [REYES, Book 2]
Picklocks
Picklocks or similar tools are those specially
adopted to the commission of the crime of
robbery. [Art. 304, RPC]
Use of Fictitious Names or Pretending to
Exercise Authority Must be the Efficient
Cause
Using fictitious names or pretending to
exercise of public authority must be the
efficient cause of the opening by the offended
party [REYES, Book 2]
Mode 2: Acquisition of Property through
Force
Elements: [I-GBT]
1. Offender is Inside a dwelling house, public
building, or edifice devoted to religious
Page 232 of 277
CRIMINAL LAW
worship, regardless of the circumstances
under which he entered it.
2. Offender takes personal property belonging
to another, with intent to Gain, under any of
the following circumstances:
a. Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed
furniture or receptacle; or
b. Taking such furniture or objects away to
be broken or forced open outside the
place of the robbery.
NOTES:
1. Entrance into the building by any of the
means mentioned in 299 (a) is not required
in robbery under 299 (b). [REYES, Book 2]
2. "Door" refers only to "doors, lids, or
opening sheets" of furniture or other
portable receptacles — not to inside doors
of a house or building. [id.]
There is No Robbery in the following cases:
1. When the use of false keys was to open a
wardrobe from which the offender took
personal property; Art. 299(b) requires that
the same be broken, not merely opened
[Id.].
2. When a person opens by force a certain
locked or sealed receptacle which has
been confided into his custody and takes
the money contained therein, is guilty of
estafa and not robbery [id.]
h. Article 300 – Robbery in an
Uninhabited Place and by a Band
Elements: [RBU]
1. Robbery in an inhabited house, public
building or edifice devoted to religious
worship
2. Committed by a Band; and
3. In an Uninhabited place.
NOTE: Qualified robbery with violence or
intimidation of persons (Art. 295) is committed
in an uninhabited place OR a band.
U.P. BOC CRIMINAL LAW II
i. Article 301 – What is an Inhabited
House, Public Building or Building
Dedicated to Religious Worship
and Their Dependencies
Inhabited House vs. Public Building
[SEE: Art. 299]
Dependencies
All interior courts, corrals, warehouses,
granaries or inclosed places contiguous to the
building or edifice, having an interior entrance
connected therewith, and which form part of
the whole. [Art. 301(2), RPC]: [CIP]
1. Contiguous to the building;
2. Must have an Interior entrance connected
therewith;
3. form Part of the whole. [REYES, Book 2]
NOTE: Orchards and other lands used for
cultivation or production are not included in the
terms of the next preceding paragraph, even if
closed, contiguous to the building and having
direct connection therewith. [Art 301 (3), RPC]
j. Article 302 – Robbery in an
Uninhabited Place or in a Private
Building
Elements: [U-OBFaSeR-G]
4. Offender Entered an Uninhabited place or
a building which was not a dwelling house,
public building, nor edifice devoted to
religious worship.
5. That any of the following circumstances
was present:
a. Entrance was effected through an
Opening not intended for entrance or
egress; or
b. A wall, roof, floor, or outside door or
window was Broken; or
c. Entrance was effected through the use
of False keys, picklocks or other similar
tools; or
d. A door, wardrobe, chest, or any Sealed
or closed furniture or receptacle was
broken; or
Page 233 of 277
CRIMINAL LAW
e. A closed or sealed receptacle was
Removed, even if the same be broken
open elsewhere.
6. That with intent to Gain, the offender took
therefrom personal property belonging to
another.
NOTES:
● The "uninhabited place" mentioned in Art.
302 is a building, because paragraphs Nos.
1 and 3 speak of "entrance," which
necessarily refers to a building. [REYES,
Book 2]
● Breaking padlock is use of force upon
things. [id.]
Building
Includes any kind of structure used for storage
or safekeeping of personal property, ex. freight
car and warehouse. [U.S. vs. Magsino, G.R.
No. 1339, (1903)]
Use of Fictitious Name or Pretense of
Authority
The use of fictitious name or pretending the
exercise of public authority is not a means of
entering the building under this article, because
the place is uninhabited and no person could
be deceived thereby. [id.]
Furniture or receptacle here is "sealed or
closed."
The furniture or receptacle here is "sealed or
closed."as opposed to Art. 299, it is either
"locked or sealed." [id.]
When a person who had entered a warehouse,
opened without breaking, a closed but not
locked chest and took therefrom personal
property would be liable for theft [id.]
U.P. BOC CRIMINAL LAW II
k. Article 303 – Robbery of Cereals,
Fruits, or Firewood in an
Uninhabited Place or Private
Building
Imposable Penalty
In cases enumerated in Arts. 299 and 302, the
penalty is 1 degree lower when robbery
consists in the taking of cereals, fruits, or
firewood. [REYES, Book 2]
Cereals
Seedlings which are the immediate product of
the soil. The palay must be kept by the owner
as “seedling” or taken for that purpose by the
robbers. [id.]
l. Article 304 – Possession of
Picklocks or Similar Tools
Elements: [PRN]
1. Offender possesses Picklocks or similar
tools;
2. Such picklock or similar tools are especially
adopted to the commission of Robbery;
and
3. Offender does Not have a lawful cause for
such possession.
Qualifying Circumstance:
If the person who makes such tools is a
locksmith, the penalty is higher.
m. Article 305 – False Keys
False Keys include: [304-GO]
1. Tools mentioned in Art. 304 (picklocks or
other similar tools)
2. Genuine keys stolen from the owner.
3. Any keys Other than those intended by the
owner for use in the lock forcibly opened by
the offender.
Lost or Misplaced
A lost or misplaced key found by another and
not returned to its rightful owner is considered
as a false key stolen from the owner [Regalado]
Page 234 of 277
CRIMINAL LAW
2. Chapter II: Brigandage
PD 532: Anti-Piracy and Anti-Highway
Robbery Law of 1974
Highway Robbery/Brigandage
The seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away
of the property of another by means of violence
against or intimidation of person or force upon
things of other unlawful means, committed by
any person on any Philippine Highway. [Sec.
2(e), PD 532]
Philippine Highway
Refers to any road, street, passage, highway
and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons,
or vehicles, or locomotives or trains for the
movement or circulation of persons or
transportation of goods, articles, or property or
both. [Sec. 2(c), PD 532]
Elements: [HIC]
1. Robbery takes place along a Philippine
Highway;
2. Act of Robbery must be Indiscriminate, it
should not be an isolated case; and
3. Victim was not predetermined. [Abay, Jr. V.
People. G.R. No. 165896, (2008)]
NOTE: The robbery must be directed not only
against specific, intended or perceived victims,
but against any and all prospective victims [id.]
Evidence
It is highway robbery only when it can be
proven that the malefactors primarily organized
themselves for the purpose of committing that
crime. [Ibañez vs. People, G.R. No. 204990,
(2017)]
Person Considered as an Accomplice [Sec.
4, id.]:
Any person who knowingly and in any manner:
1. Aids or Protects pirates or highway
robbers/brigands, such as:
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. Giving them information about the Philippine 2. Kidnap to necessarily

movement of police or other peace highways. extort or in highways.
officers of the government, or get
b. Acquires or receives property taken by ransom
such pirates or brigands; or 3. Attain
c. In any manner derives any benefit any other
therefrom; and purpose
2. Any person who directly or indirectly Abets by force
the commission of piracy or highway or
robbery or brigandage violence
As to the Number of Robberies
NOTE: It shall be presumed that any person Committed
who does any of the acts provided in this Indiscriminat To commit To commit a
Section has performed knowingly, unless the e, not several particular
contrary is proven. isolated. robberies robbery.
As to the Formation of Band
a. Article 306 – Brigandage
Offenders
Elements: [4B-RKV] need not
1. There be at least 4 armed persons constitute a
Offenders must be in a
2. They formed a Band of robbers band; a
band
3. Purpose of formation is to: single
(i.e. at least 4)
a. Commit Robbery in the highway; or offender may
b. Kidnap for the purpose of extortion or to commit the
obtain ransom; or crime.
c. Attain by means of force and Violence As to the Conspiracy among the
any other purpose. Members
Mere Mere Mere
NOTE: If any of the arms carried by the
conspiracy to formation of conspiracy
offenders is an unlicensed firearm, all are
constitute is a band for to commit
presumed highway robbers or brigands
[REYES, Book 2] not any purpose robbery is
punishable. indicated in not
Art. 306 is punishable.
Arms punishable
The arms carried by the members of the band As to the Victim
of robbers may be any deadly weapon. Thus, Victim is Not Victim is Preconceived.
Brigandage may be committed without the use Preconceive
of a firearm. [REYES, Book 2] d.
[REYES, Book 2]
Highway Robbery vs. Brigandage
Highway Robbery in
Brigandage b. Article 307 – Aiding and Abetting a
Robbery a Band
[Art. 306] Band of Brigands
[PD 532] [Art. 296]
As to Purpose
Elements: [BK-AIA]
Indiscriminat 1. Commit To Commit 1. There is a Band of brigands;
ely robbery in robbery, but 2. Offender Knows the band to be of brigands;
commit a not and
robbery in highway 3. Offender does any of the following acts:

Page 235 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

a. In any manner Aids, abets or protects 3. Hunt or fish upon the same
such band of brigands; or or gather fruits, cereals or
b. Gives them Information of the other forest or farm
movements of the police or other peace products.
officers; or
c. Acquires or receives the property taken NOTE: Fishing should not be in
by such brigands. the fishpond within the field or
estate, otherwise it is Qualified
NOTE: It is presumed that the person
Theft. [Reyes, Book Two]
performing any of the acts provided in Art. 307
[REYES, Book 2]
has performed them knowingly, unless the
contrary is proven. [Art. 307, RPC]
Theft vs. Robbery
Theft Robbery
3. Chapter III: Theft [Art. 306] [Arts. 293-294]
Presence of Violence
a. Article 308 – Who are Liable for Offender does not There is violence or
Theft use violence or intimidation or Force
intimidation of upon things
Summary of Modes of Commission Under
persons or force
Art. 308:
upon things
MODE Elements
[REYES, Book 2]
1. Offender takes the take
Personal property of
Mode 1: Taking of Personal Property of
another without the latter’s
Another Without Violence or Intimidation of
consent;
Mode 1 2. Taking was with Intent to Persons or Force upon Things
[PIW] gain; and
“Without consent”
3. Taking was Without
Consent contemplated in this element of theft
violence against or
refers to consent freely given and not to one
intimidation of persons nor
force upon things. which may only be inferred from mere lack of
opposition [REYES, Book 2]
1. Offender found Lost
property; and
Mode 2 When Consummated
2. Fails to deliver the same to
[LF] Theft is complete from the moment the
the local authorities or to its
owner. offender had full possession of the thing, even
if he did not have an opportunity to dispose of
1. Offender maliciously
the same. [People v. Sevilla, G.R. No. 86163,
Damaged the property of
(1990)]. Accordingly, there is no crime of
Mode 3 another; and
frustrated theft.
[DR] 2. Removes or makes use of
the fruits or object of the
Objects Considered Personal Property:
damage caused by them.
1. Electricity and Gas [US vs. Carlos, G.R.
1. Offender entered an
No. 6295, (1911)]
Enclosed estate or a field
2. Promissory Notes and checks [People vs.
without the consent of its
Mode 4 Koc Song, G.R. No. L-45043, (1936)]
owner; 3. Telecommunication or Telephone Service
[EFAH]
2. Trespass is Forbidden or
[Laurel v. Abrogar, G.R. No. 155076,
the enclosed estate or field
(2009)]
belongs to Another; and

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U.P. BOC CRIMINAL LAW II
4. Water [RA 8041/National Water Crisis Act]
Joyride constitutes intent to gain.
A joyride in an automobile taken without the
consent of its owner constitutes "taking with
intent to gain" [People vs. Bustinera, G.R. No.,
148233, (2004)]
No Theft in Sale of Partner or of Co-owned
Property
Unlawful disposition of the share belonging to
a partner or a joint owner may be a violation of
a contract and a trespass upon the rights of
another, but it is not an act constituting the
crime of theft. [U.S. vs. Reyes, G.R. No. 2867,
(1906)]
Rationale: Before the dissolution of the
partnership or the division of the property held
in common, no part of the property of the
partnership or the property held in common
truly belongs to a partner or co-owner.
[REYES, Book 2]
Mode 2: Failure to Return Lost Property
The law does not require knowledge of the
owner of the lost property. [REYES, Book 2]
"Lost property" embraces loss by stealing.
A finder who fails deliberately to return the thing
lost may be considered more blameworthy if
the loss was by stealing than through some
other means. [People v. Rodrigo, G.R. No. L-
18507]
NOTE: Art. 308 (1) is not limited to actual
finder. [US v. Santiago, G.R. No. L-9375,
(1914)]. It may include a policeman to whom it
is entrusted or misappropriated the same
[People v. Avila, G.R. No. L-19786, (1923)]
It is Necessary to Prove:
1. The Time of the seizure of the thing;
2. That it was a lost property Belonging to
another; and
3. That the accused had the Opportunity to
return or deliver the lost property to its
owner or to the local authorities but
refrained from doing so. [id]
Page 237 of 277
CRIMINAL LAW
b. Article 309 – Penalties
The basis of the penalty in theft is: [SPC]
1. Value of the thing Stolen, or
2. Value and nature of the Property taken, or
3. Circumstances that impelled the culprit to
commit the crime. [REYES, Book 2]
c. Article 310 – Qualified Theft
Theft is qualified if: [DoG-MoMCaCoF-Ca]
1. Committed by a Domestic servant; or
2. Committed with Grave abuse of confidence;
or
3. If the property stolen consists of:
a. Motor vehicle
b. Mail matter
c. Large Cattle
d. Coconuts taken from the premises of a
plantation; or
e. Fish taken from a fishpond or fishery; or
4. Property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other Calamity, vehicular accident or
civil disturbance.
NOTE: Penalties for qualified theft are 2
degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
Abuse of Confidence must be Grave.
There must be an allegation that by reason of
dependence, guardianship or vigilance,
between the accused and the offended party,
that has created a high degree of confidence
between them, which the accused abused.
[People vs. Koc Song, id.]
NOTE: Theft by a housemate is not always
qualified. Living together under the same roof
engenders some confidence, but it is not
necessarily grave. [id.]
Coconuts and Fish
When the coconuts or fish are stolen in any
other place (aside from the plantation or
fishpond), it is simple theft. [id.]
U.P. BOC CRIMINAL LAW II
Receipt and Misappropriation of Teller
Bank Teller who received the money and
appropriated the same for personal gain
committed theft and not estafa because the
teller has no juridical possession, only material,
the theft is qualified due to the confidence
reposed on the teller. [Roque vs. People, G.R.
No. 138954, (2004)]
Timber Smuggling or Illegal Cutting of Logs
Any person, whether natural or juridical, who
directly or indirectly cuts, gathers, removes, or
smuggles timber, or other forest products,
either from any of the public forest, forest
reserves and other kinds of public forests,
whether under license or lease, or from any
privately owned forest lands in violation of
existing laws, rules and regulation shall be
guilty of the crime of qualified theft [Sec. 1, PD
330]
Anti-Cattle Rustling Law of 1974 [PD 533]
NOTE: the nature of the penalty imposed by
the law is based on the RPC, thus PD 533 is
deemed an amendment of the RPC [People vs.
Macatanda, G.R. No. L-51368, (1981)]
Elements: [TC]
1. Taking away by any means, method or
scheme; and
2. Of any Large Cattle, without the Consent of
the owner/raiser [Sec. 2(c), PD 533]
NOTES:
a. It is immaterial whether or not for profit or
gain, or whether committed with or without
violence against or intimidation of any
person or force upon things. [Sec. 2(a), id.]
b. It includes the killing of large cattle or taking
its meat or hide without the consent of the
owner/raiser. [Sec. 2(a), id.]
Large Cattle
Includes the cow, carabao, horse, mule, ass, or
other domesticated member of the bovine
family. [Sec. 2(a), id.]
Page 238 of 277
CRIMINAL LAW
Presumption of Cattle Rustling.
Failure to exhibit the required documents shall
be prima facie evidence that the large cattle in
his possession, control or custody are the fruits
of the crime of cattle rustling. [Sec. 7, id.]
“Highgrading” or Theft of Gold [PD 581]
Prohibited Acts: [TRET]
Any person who, without the consent of the
operator of the mining claim:
1. Take gold-bearing ores or rocks from a
mining claim or mining camp;
2. Remove, collect or gather gold-bearing ores
or rocks in place;
3. Extract or remove the gold from such ores
or rocks; or
4. Prepare and Treat such ores or rocks to
recover or extract the gold contents thereof.
[Sec. 1, PD 581]
Presumption
The unauthorized possession by any person
within a mining claim or mining camp of gold-
bearing ores or rocks or of gold extracted or
removed from such ores or rocks, shall be
prima facie evidence that they have been
stolen from the operator of a mining claim.
[Sec. 2, id.]
d. Article 311 – Theft of Property of
the National Library and National
Museum
This provision penalizes property stolen from
the National Library or National Museum.
Imposable Penalty
General Rule: Penalty is fixed without regard
to the value of the property of the National
Library or National Museum. [REYES, Book 2]
Exception: if the crime is committed with grave
abuse of confidence, the penalty for qualified
theft shall be imposed, because Art. 311 says:
"unless a higher penalty should be provided
under other provisions of this Code." [id.]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

4. Chapter IV: Usurpation Theft/Robbery vs. Occupation of Real

Property or Usurpation of Real Rights in
Property Art. 312 [REYES, Book 2]
a. Article 312 – Occupation of Real Occupation or
Property or Usurpation of Real Theft/Robbery
Usurpation
Rights in Property [Art. 308/Art. 293]
[Art. 312]
As to the Intent to Gain
Punished Acts: [PU]
1. Taking Possession of any real property There is intent to Gain
belonging to another by means of violence As to the Property Involved
against or intimidation of persons; or Personal Property Real property or real
2. Usurping any real rights in property right
belonging to another by means of violence As to the Act Involved
against or intimidation of persons. [REYES, Taking Occupation or
Book 2] Usurpation

Elements: [PB-VI]
1. Offender takes Possession of any real
property or usurps any real rights in property
2. Real property or real rights Belong to
another
3. Violence against or intimidation of persons
is used by the offender in occupying real
property or usurping real rights in property;
and
4. There is Intent to gain.
b. Article 313 – Altering Boundaries
or Landmarks
Elements: [BA]
1. There are Boundary marks or monuments
of towns, provinces, or estates, or any other
marks intended to designate the boundaries
of the same; and
2. Offender Alters said boundary marks.

Rules on Violence or Intimidation NOTE: Intent to gain is not necessary [REYES,

1. Violence or intimidation must be the Book 2]
means used in occupying real property.
Art. 312 does not apply when the violence Alter
or intimidation took place subsequent to the Any alteration of boundary marks is enough to
entry into the property. [REYES, Book 2] constitute the material element of the crime.
2. If there is no violence or intimidation:
There is only civil liability. [id.] Destruction of a stone monument or taking it to
another place, or removing a fence, is altering.
Imposable Penalty [id.]
General Rule: Art. 312 does not provide the
penalty of imprisonment for the crime of 5. Chapter V: Culpable
occupation of real property or usurpation of real Insolvency
rights in property, the penalty is only fine.
[REYES, Book 2]
a. Article 314 – Fraudulent
Exception: The offender who may have Insolvency
inflicted physical injuries in executing acts of
violence shall suffer the penalty for physical Elements: [D-DAP]
injuries also. [id.] 1. Offender is a Debtor;
2. His obligations are Due and payable.
3. He Absconds with his property.
4. It is with Prejudice to his creditors.

Page 239 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Damage or prejudice capable of pecuniary

NOTE: Actual prejudice, not intention alone, is estimation is caused to the offended party
required. [REYES, Book 2] or third person.

Real Property May be Involved Damage or prejudice may consist of: [MPP]
"Abscond" does not require that the debtor 1. Offended party being deprived of his Money
should depart and physically conceal his or property as a result of defraudation;
property. Hence, real property could be the 2. Disturbance in Property rights; or
subject matter of fraudulent insolvency. 3. Temporary Prejudice [REYES, Book 2]
[People vs. Chong Chuy Limgobo, G.R. 20995,
(1923)] Ways of Committing Estafa: [U-FF-M]
Mode Sub-modes
Prejudice to the Creditors 1. With Unfaithfulness
Contemplates the transfer of disposing of the [Art. 315 (1)(a)]
Mode 1:
offender’s property to keep it out of reach of his 2. With Abuse of
creditors resulting in the non-enforcement of a With
Unfaithfulness Confidence [Art.
writ of execution [Dee v. People, G.R. No. 315(1)(b)]
136785, (2000)] or Abuse of
3. By taking undue
Confidence
advantage of the
Fraudulent Insolvency vs. Insolvency Law [UCS] Signature in blank
Fraudulent Insolvency Law [Art. 315(1)(c)]
Insolvency [Act. No. 1956] 1. Using fictitious Name
[Art. 314] or false pretenses
As to the Requirement of Insolvency and other similar
Proceedings deceits [Art.
No need for Crime should be 315(2)(a)];
Insolvency committed after the 2. By Altering the
Proceedings. institution of quality, fineness or
weight of anything
insolvency
pertaining to his art or
NOTE: Offender proceedings
business [Art.
need not be Mode 2: 315(2)(b)]
adjudged bankrupt By Means of 3. By pretending to
or insolvent. False have Bribed any
[REYES, Book 2] Pretense or government
Imposable Penalty Fraudulent employee [Art.
Higher penalty is imposed if the offender is a Acts 315(2)(c)]
merchant. [NAB-CF] 4. By post-dating a
Check with no funds
6. Chapter VI: Swindling and or is not sufficient to
cover the amount of
Other Deceits
the check. [Art.
315(2)(d)]
a. Article 315 – Swindling or Estafa 5. By obtaining Food,
refreshment or
Elements of Etafa in general: [DCDD] accommodation with
1. Accused Defrauded another: intent to defraud [Art.
a. by abuse of Confidence, or 315(2)(e)]
b. by means of Deceit; and Mode 3: 1. By inducing another

Page 240 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

By Fraudulent to Sign any document

Means [Art. 315 (3)(a)]; b. Estafa with Abuse of Confidence [Art.
[SGD] 2. By resorting to some 315(1)(b)]
fraudulent practice to
insure success in Elements: [RMPD]
Gambling [Art. 1. Money, goods, or other personal property
315(3)(b)] was Received by the offender: [TCAO]
3. By Removing, a. In Trust, or
concealing or b. On Commission, or
destroying c. For Administration; or
Documents [Art. 315 d. Under any Other obligation involving the
(3)(c)] duty to make delivery of, or to return the
same;
NOTE: The three modes of committing estafa 2. That there be: [MConD]
may be reduced to two only--subdivision No. 1 a. Misappropriation; or
as estafa with abuse of confidence, and the 2nd b. Conversion of such money or property
and 3rd forms as estafa by means of deceit. by the offender; or
[REYES, Book 2] c. Denial on his part of such receipt;
3. Such misappropriation or conversion or
1. Estafa with Unfaithfulness or Abuse of denial is to the Prejudice of another; and
Confidence [Art. 315(a)] 4. There is a Demand made by the offended
party.
a. Estafa with Unfaithfulness [Art 315(a)(1)]
NOTES:
Elements: [OnAD] a. Other obligations involving the duty to
1. Offender has an Onerous obligation to make delivery of, or to return the same -
deliver something of value; includes quasi-contracts and certain
2. He Alters its substance, quantity, or quality; contracts of bailment ex. Commodatum.
and [US vs. Yap Jong, G.R. No. 10675, (1916)]
3. Damage or prejudice is caused to another. b. 4th element – not necessary when there is
evidence of misappropriation of the goods
Rules: by the defendant. [Tubb vs. People, G.R.
1. There must be an existing obligation to No. L-9811, (1957)]
deliver something of value, and the c. Deceit - not an essential requisite of estafa
offender in making the delivery has altered with abuse of confidence. [REYES, Book 2]
the following of the thing delivered [REYES,
Book 2]: Rationale: Thing to be delivered or returned
a. Substance; or must be the very object received [US vs.
b. Quantity; or Figueroa, G.R. No. L-6748, (1912)]
c. Quantity; and
2. There must be an agreement as to Misappropriation vs. Conversion [REYES,
quality – When there is no agreement as to Book 2]
the quality of the thing to be delivered, the Misappropriate Conversion
delivery of the thing not acceptable to the Act of taking Act of using or
complainant is not estafa. [id.] something for one’s disposing of
own benefit another's property
Illegal Consideration as if it were one's
Estafa is committed even though such
own or devoting it to
obligation be based on an immoral or illegal
a purpose or use
consideration. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

different from that purpose or for a short period and merely

agreed upon. the effect of such relationship as master
and servant, employer and employee, or
master and domestic, the juridical or
Juridical Possession vs. Material constructive possession remains in the
Possession owner. Hence, the servant, domestic, or
Juridical Material employee cannot be guilty of estafa
Possession Possession [People vs. Marcelino Nicolas, 58 O.G.
Possession which Actual Possession 472, cited in REYES, Book 2].
gives the transferee of Personal
a right over the thing Property, where the "To the prejudice of another"
which the transferee possessor cannot Contemplates prejudice not necessarily of the
may set up even claim a better right owner of the property. [People v. Yu Chai Ho,
against the owner to such property G.R. No. L-29278, (1928)]
than its owner.
Demand Not Required but Necessary
[REYES, Book 2]
Demand is not required by law but it is
necessary, because failure to account, upon
In Estafa: Offender must have acquired both
demand, is circumstantial evidence of
material or physical possession and juridical
misappropriation. [REYES, Book 2]
possession of the thing received [REYES,
Book 2].
Liability of Co-Owners
General Rule: Co-owner is not liable for estafa
Nature of [id.]
Possessio Exception: If, after the termination of the co-
Crime
n of Act ownership, he misappropriates the thing which
Committed
Personal has become the exclusive property of the
Property other. [id.]
Material Misappropriati
Theft No Estafa through Negligence.
on
Material Article 315 in penalizing estafa by
Misappropriati misappropriation or conversion, does not
and Estafa
on punish estafa through negligence [REYES,
Juridical
Book 2]
Ownership No crime,
Misappropriati
(Material + only Civil Effect of Novation of Contract
on
Juridical) liability General Rule: Criminal liability for estafa
[id] already committed is not affected by
compromise or novation of contract, for it is a
NOTE: There is no estafa when the money or public offense which must be prosecuted and
other personal property received by the punished by the state at its own volition. [id.]
accused is not to be used for a particular
purpose or to beeturned. [id.] Exception: If the novation occurs before the
criminal liability has incurred [id.]
No Estafa in the Following Cases:
1. Momentary use of the funds without intent NOTE: Reimbursement or restitution of money
to defraud [US vs. Sevillia, G.R. No. 18056, or property swindled does not extinguish
(1922)] criminal liability [Sajot vs. CA, G.R. No.
2. Where the custody of personal property is 109721, (1999)]
only precarious and for a temporary

Page 242 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Theft vs. Estafa with Abuse of Confidence Misappropriating, Appropriating, taking

Theft/Robbery Estafa with Abuse converting or or misappropriating,
[Art. 308] of Confidence denying having consenting or
[Art. 315(1)] received money, permitting any other
As to the Acquisition of Property goods or other person to take the
Offender takes the Offender receives personal property; public funds or
thing without the the thing from the property.
owner’s consent offended party with [id.]
the obligation to
deliver or return the c. Estafa by Taking Undue Advantage of the
same. Signature in Blank [Art. 315(1)(c)]
As to the Nature of Possession
Elements: [B-DeW-D]
Material and Juridical possession
1. There is a Blank paper with the signature of
Physical Possession
the offended party;
only
2. Offended party should have Delivered it to
[REYES, Book 2] the offender;
3. Document is Written by the offender, above
Estafa with Abuse of Confidence vs. the signature of the offended party, without
Malversation authority to do so; and
Estafa with Abuse Malversation 4. Document so written creates a liability of, or
of Confidence [Art. 217] causes Damage to, the offended party or
[Art. 315(1)] any third person.
As to the Receipt of Property
Offender is entrusted with funds or property 2. Estafa by Means of Deceit [Art. 315(2)]
As to the Nature of the Offense
Elements: [FaPReID]
Continuing offenses
1. There must be a False pretense, fraudulent
As to the Nature of Funds/Property
act or fraudulent means;
Usually Public 2. Such false pretense, fraudulent act or
fraudulent means must be made or
Exception: Property executed Prior to or simultaneously with the
Private attached by public commission of the fraud.
authority even if 3. Offended party Relied on the false pretense,
private [Art. 222, fraudulent act, or fraudulent means and by
RPC] reason thereof, was Induced to part with his
As to the Offender money or property.
Private individual or Public officer 4. As a result, the offended party suffered
Damage.
public officer not accountable for
accountable for public
NOTE: There is no deceit if the complainant
public funds or funds or property. was aware of the fictitious nature of the
property pretense. [People vs. Paredes, G.R. No. L-
As to Commission through Negligence 19192, (1923)]
No estafa through Can be committed
negligence through
abandonment or
negligence
As to Manner of Commission

Page 243 of 277

U.P. BOC CRIMINAL LAW II
a. Estafa by Using a Fictitious Name, False
Pretenses and Other Deceits [Art. 315(2)(a)]
Ways of Committing Estafa: [NPO]
1. By using fictitious Name;
2. By falsely Pretending to possess: [QPI-
PAC-BI]
a. Qualifications,
b. Power,
c. Influence,
d. Property,
e. Agency,
f. Credit,
g. Credit,
h. Business or
i. Imaginary transactions; or
3. By means of Other similar deceits. [REYES,
Book 2]
NOTE: Element of deceit is indispensable,
consisting in the false statement or fraudulent
representation was made prior to, or
simultaneously with the delivery of the thing. It
being essential that such false statement or
fraudulent representation constitutes the very
cause or the only motive which induces the
complainant to part with the thing. [id.]
Use of Fictitious Name
There is use of fictitious name when a person
uses a name other than his real name. [People
vs. Yusay, G.R. No. L-26957, (1927)]
The pretense must be false
There must be evidence that the pretense of
the accused that he possesses power,
influence, etc., is false. [REYES, Book 2]
b. Estafa by Altering the Quality, Fineness
or Weight of anything pertaining to his art
or business [Art. 315(2)(b)]
c. Estafa by Pretending to have bribed any
Government Employee [Art. 315(2)(b)]
NOTES:
a. Offender may still be liable for
defamation which the government
employee allegedly bribed may deem
Page 244 of 277
CRIMINAL LAW
proper to bring against the offender.
[REYES, Book 2]
b. If the crime is consummated - crime is
corruption of public officer. [id.]
3. Estafa by Means of Fraudulent Acts
The acts must be fraudulent; characterized by,
or founded on, deceit, trick or cheat. [REYES,
Book 2.]
a. Estafa by Postdating a Check or Issuing
a Check in Payment of an Obligation
Elements: [OF]
1. Offender postdated a check, or issued a
check in payment of an Obligation; and
2. Such postdating or issuing a check was
done when the offender had no Funds in the
bank, or his funds deposited therein were
not sufficient to cover the amount of the
check.
Check issued must be Genuine
If the check is falsified and the same is cashed
with the bank, or exchanged for cash, the crime
committed is estafa through falsification of a
commercial document. [REYES, Book 2]
Must be the Efficient Cause
To constitute estafa, the post-dating or
issuance of the check should be the efficient
cause of the defraudation. As such, it should be
given either prior to, or simultaneously with, the
act of fraud. [People vs. Reyes, G.R. No.
154159, (2005)]
NOTE: The check should not be postdated or
issued in payment of pre-existing obligation.
[id.]
Prima Facie Evidence of Deceit
There is prima facie evidence of deceit when
the drawer fails to pay 3 days after receiving
notice of dishonor [Art. 315(2)(d), as amended
by RA 4885]
Stoppage of a Payment of a Check
If checks were issued by defendant and he
received money for them and stopped payment
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

and did not return the money and if at the time different from those which the offended party
the check was issued, he had the intention of told the accused to state in the document, the
stopping payment, he is guilty of estafa. [US vs. crime is falsification. [REYES, Book 2]
Poe, G.R. No. 13969, (1919)]
b. Estafa by Resorting to Some Fraudulent
Continuing Offense Practice to Ensure Success in Gambling
Estafa by issuance of a bad check is continuing [Art. 315(3)(b)]
offense [People v. Yabit, G.R. L-42902, (1977)]
c. Estafa by Removing, Concealing or
b. Estafa by Obtaining Food or Destroying Court Records, Office Files, and
Accommodation at a Hotel, etc. [Art. 315 other Documents [Art. 315(3)(c)]
(2)(e)]
Elements: [CRD]
Punishable Acts: [FCA] 1. There are Court records, office files,
1. By obtaining Food, refreshment or documents or any other papers.
accommodation at a hotel, inn, restaurant, 2. Offender Removed, concealed or destroyed
boarding house, lodging house or any of them.
apartment house without paying therefor, 3. Offender had intent to Defraud another.
with intent to defraud the proprietor or
manager thereof; NOTE: If there is no intent to defraud, the act
2. By obtaining Credit at any of said of destroying a court record will be malicious
establishments by the use of any false mischief. [Reyes Book, Two]
pretense; or
3. By Abandoning or surreptitiously removing Infidelity in Custody of Document vs. Estafa
any part of his baggage from any of said by Removing, Concealing or Destroying a
establishments after obtaining credit, food, Document
refreshment or accommodation therein, Infidelity in Estafa
without paying therefor. Custody of [Art. 315, 3(c)]
Documents
3. Estafa Through Fraudulent Means [Art. [Art. 226]
315(3)] As to the Manner of Commission
Both are Similar in the Manner of
a. Estafa by Inducing Another to Sign Any
Document Commission
As to the Property Involved
Offender is a public Offender is a private
officer who is individual or even a
Elements: [ISiP-P] officially entrusted public officer who is
1. Offender Induced the offended party to sign with the custody of not officially
a document. documents entrusted with the
2. Deceit was employed to make him Sign the custody of said
document. documents.
3. Offended party Personally signed the As to Intent
document.
No Intent to Defraud There is Intent to
4. Prejudice was caused.
Defraud
NOTE: If the offended party is willing and ready [REYES, Book 2]
from the beginning to sign the document and
there is deceit as to the character or contents
of the document, because the contents are

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 316 – Other Forms of b. Offender Knew that the real property was
Swindling encumbered, whether the same was
recorded or not.
Punishable Acts: c. There was express Representation by the
1. Conveying, selling, encumbering, or offender that the real property is free from
mortgaging any real property, encumbrance; and
pretending to be the owner of the same d. Act of disposing of the real property was
made to the Damage of another. [REYES,
Elements: [I-ROP] Book 2]
a. Thing is Immovable (e.g., parcel of land or
building). Definition of Terms [REYES, Book 2]:
b. Offender is not the owner but Represents 1. “Dispose” – includes encumbering or
himself as the owner thereof. mortgaging.
c. Offender executed an act of Ownership 2. “Encumbrance” – includes every right or
(selling, encumbering or mortgaging the real interest in the land which exists in favor of
property). third persons.
d. Act was made to the Prejudice of the owner
or a third person. [REYES, Book 2] 3. Wrongfully taking by the owner of his
personal property from its lawful possessor
Swindling vs. Estafa by False Pretenses
Estafa by False Elements: [OPWP]
Swindling 1. Offender is the Owner of personal property.
Pretenses
[Art. 316(1)] 2. Property is in the lawful Possession of
[Art. 315, 2(a)]
another.
As to the Property Involved
3. Offender Wrongfully takes it from its lawful
Covers immovable May cover personal possessor.
or real property. and real property. 4. Prejudice is caused to the lawful possessor
As to Acts Committed or third person.
Selling, or Pretense in owning
encumbering, or real or personal Mode 1 v. Mode 3
mortgaging any real property and Pretending to be Wrongfully Taking
property, and doing defrauding the Owner of Real Personal Property
some act of offended party. Property from Lawful
dominion or [Mode 1] Possessor
ownership over the [Mode 3]
property to the As to the Property Involved
damage and Immovable Property Personal Property
prejudice of the real As to Ownership
owner of the thing. Offender merely Offender is the
[REYES, Book 2] represents himself owner of the
as the owner of the personal property.
2. By disposing of real property as free immovable property
from encumbrance, although such involved
encumbrance be not recorded As to the Acts Committed
Offender committed The personal
Elements: [DKRD]
an act of ownership property is
a. Thing Disposed of is real property.
prejudicial to the wrongfully taken
true owner of the

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

property or a third from possession of a offender guaranteed the fulfilment of his

person. lawful possessor. obligation as surety

Theft vs. Other Forms of Swindling, Mode 3 Elements: [SGS-WCR]

Wrongfully Taking 1. Offender is a Surety in a bond given in a
Personal Property criminal or civil action.
Theft 2. Surety Guaranteed the fulfillment of such
from Lawful
[Art. 308] obligation with his real property or
Possessor
properties.
[Art. 316[3]]
3. Surety Sells, mortgages, or, in any other
As to the Property Involved manner encumbers said real property.
Personal Property 4. That such sale, mortgage, or encumbrance
As to Ownership is
Property belongs to Offender is the a. Without express authority from the court;
another (offender is owner of the or
not the owner or personal property. b. Made before the Cancellation of his
possessor) bond; or
As to the Acts Committed c. Made before being Relieved from the
obligation contracted by him.
Offender unlawfully Personal property is
takes the personal wrongfully taken NOTE: There must be actual damage caused
property of another from possession of a under Art. 316, because the penalty is based
with intent to gain. lawful possessor. on the value of the damage cause”, mere intent
As to the Presence of Violence to cause damage is not sufficient [REYES,
Committed without Violence or Intimidation Book 2]

4. Executing any fictitious contract to the c. Article 317 – Swindling a Minor

prejudice of another
Elements: [AICD]
Elements: [EFP] 1. Offender takes Advantage of the
1. Offender Executes a contract inexperience or emotions or feelings of a
2. Contract is Fictitious minor.
3. Prejudice is caused. 2. Offender Induces such minor to: [ORT]
a. Assume an Obligation, or
5. By accepting any compensation for b. Give Release, or
services not rendered or for labor not c. Execute a Transfer of any Property right.
performed 3. That the Consideration is: [LCO]
a. Some Loan of money; or
Elements: [AN] b. Credit; or
1. Offender Accepts compensation for c. Other personal property.
services or labor 4. Transaction is to the Detriment of such
2. He did Not render any service or perform minor.
any labor
NOTE: Actual proof of deceit or
NOTE: Fraud is an essential element, without misrepresentation is not essential, as it is
fraud, it merely is solutio indebiti [REYES, Book sufficient that the offender takes advantage of
2] the inexperience or emotions of the minor.
[REYES, Book 2]
6. Selling, mortgaging or encumbering real
property or properties with which the

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U.P. BOC CRIMINAL LAW II
d. Article 318 – Other Deceits
Punishable Acts: [NC]
1. Defrauding or damaging another by any
other deceit Not mentioned in the
preceding articles.
2. Interpreting dreams, by making forecasts,
by telling fortunes, or by taking advantage
of the Credulity of the public in any other
similar manner, for profit or gain.
NOTE: As in other cases of estafa, damage to
the offended party is required. [REYES, Book
2]
7. Chapter VII: Chattel Mortgage
a. Article 319 - Removal, Sale, or
Pledge of Mortgaged Property
NOTE: Punishable acts under this Article
involve property mortgaged or pledged under
the Chattel Mortgage Law. RA 11057 or the
Personal Property Security Act has repealed
the Chattel Mortgage Law.
8. Chapter VIII : Arson and Other
Crimes Involving Destruction
a. Articles 320-326B (Repealed by PD
1613, as amended by RA 7659)
NOTE: The laws on Arson in force are PD 1613
and Art. 320, as amended by RA 7659. The
provisions of PD 1613 which are inconsistent
with RA 7659 (Such as Sec. 2 of PD No. 1613)
are deemed repealed. [REYES, Book 2]
Acts of Arson: [SDO]
1. Simple Arson
Elements: [BAO]
A person Burns or sets fire to:
a. Property of Another; or
b. His Own property under circumstances
which expose to danger the life or
property of another. [Sec. 1, PD 1613]
Page 248 of 277
CRIMINAL LAW
2. Destructive Arson
Burning of: [1-P-TWEE]
a. 1 or more buildings or edifices,
consequent to one single act of burning,
or as a result of simultaneous burnings,
committed on several or different
occasions.
b. Any building of public or private
ownership, devoted to the Public in
general or where people usually gather
or congregate for a definite purpose
(e.g., for official governmental function or
business, private transaction,
commerce, trade, workshop, meetings
and conferences), or merely incidental to
a definite purpose (e.g., hotels, motels,
transient dwellings, public conveyances
or stops or terminals), regardless of:
i. Whether the offender had knowledge
that there are persons in said building
or edifice at the time it is set on fire; or
ii. Whether the building is actually
inhabited
c. Any train or locomotive, ship or vessel,
airship or airplane, devoted to
Transportation or conveyance, or for
public use, entertainment or leisure.
d. Any building, factory, Warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
e. Any building the burning of which is for
the purpose of concealing or destroying
Evidence of another violation of law, or
for the purpose of concealing bankruptcy
or defrauding creditors or to collect from
insurance. [Art 320, as amended by Sec.
10 RA 7659]
Additional Acts Considered as Destructive
Arson: [2-AI]
a. When arson is perpetrated or committed by
2 or more persons or by a group of persons,
regardless of whether their purpose is
merely to burn or destroy the building or the
burning merely constitutes an overt act in
the commission or another violation of law.
b. Burning of: [AI]
U.P. BOC CRIMINAL LAW II
i. Any Arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
ii. Inhabited place, storehouse or factory
of inflammable or explosive materials.
[Sec 10(2), RA 7659]
3. Other cases of Arson [PD 1613, Sec. 3]
Burning of any: [O-InIn-PMR]
a. Building used as Offices of the government
or any of its agencies;
b. Inhabited house or dwelling;
c. Industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
d. Plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
e. Rice, sugar or cane Mill, or mill central; and
f. Railway or bus station, airport, wharf or
warehouse.
Special Aggravating Circumstance: [HIBS]
1. Offender is motivated by spite or Hatred
towards the owner or occupant of the
property burned;
2. Committed with Intent to gain;
3. Committed for the Benefit of another; and
4. Committed by a Syndicate. [Sec. 4, PD
1613]
NOTE: This cannot be offset by any mitigating
circumstance. [REYES, Book 2]
Prima Facie Evidence of Arson: [FISWiD2]
1. If gasoline, kerosene, petroleum or other
Flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance
designed to start a fire, or ashes or traces of
any of the foregoing are found in the ruins
or premises of the burned building or
property.
2. If the building or property is Insured for
substantially more than its actual value at
the time of the issuance of the policy.
3. If a substantial amount of Flammable
substances or materials are Stored within
Page 249 of 277
CRIMINAL LAW
the building note necessary in the business
of the offender nor for household use.
4. If the fire started Simultaneously in more
than one part of the building or
establishment.
5. If shortly before the fire, a substantial
portion of the effects insured and stored in a
building or property had been Withdrawn
from the premises except in the ordinary
course of business.
6. If a Demand for Money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim.
7. If during the lifetime of the corresponding
fire insurance policy more than 2 fires have
occurred in the same or other premises
owned or under the control of the offender
and/or insured.
NOTE: Conspiracy to commit arson is
penalized under the law [Sec. 7, PD 1613]
Stages of Arson: [AFC]
1. Attempted Arson – offender commences
the commission of the crime directly by
overt acts but does not perform all the acts
of execution due to the timely intervention
of another who chases away the offender.
[REYES, Book 2]
Illustration: Placing the rags soaked in
gasoline beside the wooden wall of the
building and lighting a match but does not
continue to the setting of fire to the rag [id.]
2. Frustrated Arson
Illustration: Person is able to light or set
fire to the rags but the fire was put out
before any part of the building was burned
[US vs. Valdez, G.R. No. L-14128, (1918)]
NOTE: It is argued that there is no such
thing as Frustrated Arson [Boado], as
illustrated in the case of People vs.
Gutierrez [G.R. No. 100699, (1996)],
wherein the court ruled that even if a
building is not completely gutted by fire, the
U.P. BOC CRIMINAL LAW II
crime is still consummated arson, it is
enough that a portion of it is destroyed.
3. Consummated Arson – All acts
necessary to produce combustion are
present in the thing to be burnt. [People v.
Hernandez, G.R. No. 31770, (1929)]
NOTE: Extent of damage is immaterial, as
long as a portion of it is burnt. [id.]
Illustrations:
Before the fire was put out, it had burned a
part of the building, it is consummated. [id.]
Cases where Both Death and Burning
Occur
In cases where both burning and death occur,
in order to determine what crime/crimes
was/were perpetrated whether arson, murder
or arson and homicide/murder, it is de
rigueur to ascertain the main objective of the
malefactor:
1. If the main objective is the burning of the
building or edifice, but death results by
reason or on the occasion of arson, the
crime is simply arson, and resulting
homicide is absorbed;
2. If the main objective is to kill a particular
person who may be in a building or
edifice and fire is resorted to as the means
to accomplish such goal the crime
committed is murder only; and
3. If the objective is to kill a particular person,
and in fact the offender has already done
so, but fire is resorted to as a means to
cover up the killing, then there are two
separate and distinct crimes committed
' homicide/murder and arson. [People v.
Malngan, G.R. No. 170470, (2006)]
Arson under PD 1613, as Terrorism
A person who commits an act punishable as
Arson under P.D. 1613, thereby sowing and
creating a condition of widespread and
extraordinary fear and panic among the
populace in order to coerce the government to
give in to an unlawful demand, shall be guilty of
the crime of terrorism [Sec. 3, PD 9372]
Page 250 of 277
CRIMINAL LAW
9. Chapter IX – Malicious
Mischief
a. Art. 327 - Who are Liable for
Malicious Mischief
Malicious Mischief
Willful damaging of another's property for the
sake of causing damage due to hate, revenge
or other evil motive. [REYES, Book 2]
Element: [DNS]
1. Offender deliberately caused Damage to
the property of another.
2. Such act does Not constitute arson or other
crimes involving destruction.
3. Act of damaging another's property be
committed merely for the Sake of
damaging it.
Hate, Revenge, Evil Motive
General Rule: 3rd element presupposes that
the offender acted due to hate, revenge or
other evil motive. [Id.]
Exception: It is malicious mischief even if the
act of damaging another's property was
inspired by the mere pleasure of destroying
[REYES, Book 2]
No Malicious Mischief in the following
cases:
1. If there is no malice in causing the
damage - the obligation to repair or pay for
damages is only civil. [id.]
2. If there is intent to gain – crime
committed is Theft [id.]
“Damage”
Includes not only loss but also diminution of
what a person owns. Thus, damage to
another's house includes defacing it. [id.]
b. Art. 328 – Special Cases of
Malicious Mischief
Special Cases of Malicious Mischief: [OP-
CM]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

1. Causing damage to Obstruct the c. Art. 329 – Other Mischiefs

performance of public functions.
2. Using any Poisonous or corrosive
substance.
3. Spreading any infection or contagion
among Cattle.
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public. [REYES, Book 2]
Punished Act
Mischiefs not included in Art. 328 and punished
according to the value of the damage caused.
[REYES, Book 2]
NOTE: But, if the amount involved cannot be
estimated, the penalty of arresto menor or fine
not exceeding P200 is fixed by law. [Art. 329,
RPC]

NOTE: These are also called qualified d. Art. 330 – Damage and Obstruction
malicious mischief [id.] to Means of Communication
Mode 1 of Art. 328 vs. Sedition
Punishable Act
Mode 1 Sedition
Damaging any railway, telegraph or telephone
[Art. 328] [Art. 139] line.
As to Presence of a Public and
Tumultuous Uprising Qualifying Circumstance
Not Present Present Higher penalty shall be imposed if it shall result
As to intention to Obstruct Public in any derailment of cars, collision, or other
Functions accident
There is intent to obstruct public functions
NOTE: Derailment or collision of cars should
[REYES, Book 2]
not have been purposely sought for by the
offender but should have just resulted from
Theft vs. Art. 328, Mode 4
damage to railway, telegraph or telephone
Theft Mode 4
lines. [REYES, Book 2]
[Art. 308] [Art. 328[4]]
As to the Property Involved Telegraph or Telephone Lines
Property belonging Property belonging The telegraph or telephone lines must pertain
to the National to the National to a railway system.
Library or National Library or National
Museum. Museum, or to any Crimes Committed if Passengers are Killed:
archive or registry, Passenger
Intent to Crime
road or any thing s are Killed
Kill Committed
used in common by as a Result
the public. Present Present Murder
As to the Acts Committed Damages to
Offender unlawfully Offender Present Means of
Not Present
takes property deliberately causes Communicatio
belonging to the damage for the sake n
national library or of damaging them.
National Museum

Page 251 of 277

U.P. BOC CRIMINAL LAW II
e. Art. 331 – Destroying or Damaging
Statues, Public Monuments or
Paintings
Persons Liable: [SP]
1. Any person who shall destroy or damages
Statues or any other useful or ornamental
public monument; and
2. Any person who shall destroy or damage
any useful or ornamental Painting of a
public nature.
10. Chapter X – Exemption
from Criminal Liability
Against Property
a. Art. 332 – Persons Exempt from
Criminal Liability
Civil Liability Only
No criminal, but only civil liability shall result
from the commission of any said crimes,
committed or caused mutually by those
persons. [Art. 332(1), RPC]
Rationale: Law recognizes the presumed co-
ownership of the property between the offender
and the offended party. [REYES, Book 2]
Crimes Exempted: [TSM]
1. Theft,
2. Swindling (estafa),
3. Malicious mischief. [REYES, Book 2]
Persons Exempted: [SADRAS-WS-BS]
1. Spouses;
This includes common law spouses because
Arts. 147-148 of the Family Code provide that
common law spouses are co-owners of the
property. [REYES, Book 2]
2. Ascendants and Descendants, Relatives by
Affinity in the Same line;
Includes legitimate and illegitimate half-brother
and sisters, for the law did not limit the term to
Page 252 of 277
CRIMINAL LAW
legitimate and adopted full brothers or sisters
[id.]
Relatives by Affinity – includes stepfather,
adopted father, and natural children. [id.]
3. Widowed Spouse with respect to property of
the deceased, if:
a. Property belongs to the deceased
spouse; and
b. It has not yet passed into the possession
of a 3rd Person [REYES, Book 2]
4. Brothers and Sisters and brothers-in-law
and sisters-in-law, if living together; and
Exemption Not Applicable to:
1. Strangers participating in the commission
of the crime [Art. 332(4), RPC]
2. If complexed with another crime
[Carungcong vs. People, G.R. No. 181409,
(2010)]
K. CRIMES AGAINST
CHASTITY
1. Chapter I – Adultery and
Concubinage
a. Article 333 – Adultery
Elements: [MaNoK]
1. Woman is Married;
2. She has sexual intercourse with a man Not
her husband;
3. As regards the man with whom she has
sexual intercourse: he Knows that she is
married.
Persons Liable: [MaMa]
1. Married woman who engages in sexual
intercourse with a man not her husband;
and
2. Man who, knowing of the marriage of the
woman, has sexual intercourse with her [Ar.
333, par. 1]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Rules as to Marriage Requirement 4. Death of the woman during the pendency of

1. Offended party must be legally married to the action cannot defeat the trial and
the offender at the time of the filing of the conviction of the man. [US v. De la Torre,
complaint. [REYES, Book 2] G.R. No. 8144 (1913)]
2. Adultery is committed, even if the marriage 5. Even if the man left the country and could
is subsequently declared void. [RPC Art. not be apprehended, the woman can be
333, par. 1] Tried and convicted. [US v. Topiño, G.R.
No. 11895, (1916)]
Each Occasion a Crime
Each occasion of sexual intercourse Effect of Death; Paramour v. Offended Party
constitutes a crime of adultery. [People v. Death of Death of Offended
Zapata, G.R. No. L-3047, May 16, 1951] Paramour Party
Offending wife may The proceedings may
Mitigating Circumstances still be prosecuted. continue. Art. 353
1. When abandoned The requirement seeks to protect the
The criminal liability is mitigated when that both offenders honor and reputation
adultery is committed while being should be included not only of the living
abandoned by her husband without in the complaint is but of dead persons
justification. [RPC, Art. 333, par. 3] absolute only when as well. [Reyes, Book
the two offenders II]
In one case, the SC ruled that when the are alive. [RPC, Art.
husband is believed to be dead, the wife’s 344, par. 2]
act of giving herself up to the man who lent
her a helping hand during such time of Pardon by the Offended Party is a bar to
want and need is considered a mitigating prosecution for Adultery or Concubinage
circumstance. [People v. Alberto, CA 47 Requisites:
OG 2438] 1. Pardon must be made before the institution
of criminal prosecution; and
When applicable, both defendants shall be 2. Both offenders must be pardoned by the
entitled to the mitigating circumstance offended party [REYES, Book 2]
[REYES, Book 2].
NOTE: The act of having intercourse with the
2. Recrimination offending spouse after an adulterous conduct
Husband’s illicit relationship does not is, at best, an implied pardon of said adulterous
absolve but may mitigate wife’s liability for conduct. [id.]
adultery. [People v. Florez, CA-G.R. No.
26089-CR, April 6, 1964] Adultery vs. Prostitution
Adultery [Art. 333] Prostitution [Art.
Effect of Acquittal 202]
Acquittal of one party does not automatically As to Nature of Crime
acquit the other in the following cases: Crime against Crime against public
[JIKDeT] chastity morals
1. There is no joint criminal intent, although As to Persons Liable
there is a Joint physical act. [REYES, Book Married woman Woman, whether
2] married or not
2. One of the parties is Insane; the other sane. As to Manner of Commission
[Id]
Having sexual Habitual indulgence
3. Man has no Knowledge that the woman is
intercourse with a in sexual intercourse
married. [Id]
on lascivious

Page 253 of 277

U.P. BOC CRIMINAL LAW II
man not her conduct for money
husband or profit
[REYES, Book 2]
b. Article 334 – Concubinage
Elements: [MaKeSCoK]
1. Man is Married;
2. He is either:
a. Keeping a mistress in the conjugal
dwelling;
b. Having Sexual intercourse under
scandalous circumstance with a woman
not his wife;
c. Cohabiting with her in any other place;
and
3. As regards the woman: she Knows that he
is married.
Persons Liable: [MaW]
1. Married man; and
2. Woman who knew that the man was
married. [Id]
Definition of Terms:
1. Mistress – a woman taken by the accused
to live with him in the conjugal dwelling as
his mistress/concubine. [Id]
2. Conjugal Dwelling – the home of the
husband and the wife, even if the wife
appears to be temporarily absent on any
account. [Id]
3. Cohabit – to dwell together, in the manner
of husband and wife, for some period of
time, as distinguished from occasional
transient interviews for unlawful intercourse.
[People v. Pitoc, G.R. No. 18513,
September 18, 1922]
4. Scandalous Circumstances – Scandal
consists in any reprehensible word or deed
that offends public conscience, redounds to
the detriment of the feelings of honest
persons, and gives occasion to the
neighbors’ spiritual damage or ruin. [People
v. Santos, 87 Phil. 687 (1950)]
Usage of Conjugal Dwelling Not Important
The fact that the wife never had a chance to
reside therein and that the husband used it with
his mistress instead, does not detract from its
Page 254 of 277
CRIMINAL LAW
nature. [People v. Cordova, C.A., G.R. No.
19100-R (1959)]
Mere Cohabitation Sufficient
In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc,
G.R. No. 18513 (1922)]
Liability of Married Man
A married man is not liable for concubinage for
mere sexual relations with a woman not his
wife. It must be under scandalous
circumstances. [REYES, Book 2]
No Knowledge that Woman is Married
A married man who is not liable for adultery
because he did not know that the woman was
married, may be held liable for concubinage. If
the woman knew that the man was married,
she may be held liable for concubinage as well.
[Id]
When Spies are Employed, no evidence of
scandalous circumstances
When spies are employed for the purpose of
watching the conduct of the accused and it
appearing that none of the people living in the
vicinity has observed any suspicious conduct,
there is no evidence of scandalous
circumstances. [US v. Campos Rueda, G.R.
No. L-11549 (1916)]
2. Chapter II – Rape and Acts of
Lasciviousness
a. Article 335 – When and How Rape
is Committed (repealed by RA No.
8353)
NOTE: Art. 335 has been repealed by RA
8353, otherwise known as the Anti-Rape Law
of 1997 which took effect on October 22, 1997.
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 336 - Acts of Abuses Against Chastity vs. Crimes

Lasciviousness Against Chastity
Abuses Against Crimes Against
Elements: [APeC – FoDeFraU] Chastity [Art. 246] Chastity [Art. 336]
1. Offender commits any Act of lasciviousness Committed by Whom
or lewdness; In a majority of
2. Act is committed against a Person of either Public officer cases, a private
sex; and individual
3. It is done under any of the ff. As to How Committed
Circumstances: It is necessary that
a. By using Force or intimidation; or Mere immoral or some actual act of
b. When the offended party is Deprived of indecent proposal lasciviousness
reason or otherwise unconscious; made earnestly and should have been
c. By means of Fraudulent machination or persistently executed by the
grave abuse of authority offender
d. When the offended party is Under 12
years of age or is demented. Acts of Lasciviousness v. Grave Coercion
v. Unjust Vexation [REYES, Book 2]
Lewd – obscene, lustful, indecent, lecherous; Acts of Grave Unjust
signifies form of immorality which has relation Lasciviousn Coercion Vexation
to moral impurity or that which is carried in ess [Art. [Art. 286] [Art. 287]
wanton manner. [Lutap v. People, G.R. No. 336]
204061, February 5, 2018] Nature of Compulsion or Force
• Example: When the accused not only Compulsion Compulsion No presence
kissed and embraced the complainant but or force is or force is of
fondled her breast with the particular included in the very act compulsion
design to independently derive vicarious the constituting or force, act
pleasures therefrom, the element of lewd constructive the offense of touching
designs exist. [People v. Panopio, CA 48 element of of grave is a mere
OG 145] force coercion incident
What Must Accompany the Act
No Frustrated or Attempted Acts Need not be
Lasciviousness Must be Moral accompanie
There can be no attempted and frustrated acts accompanied compulsion d by any
of lasciviousness. [REYES, Book 2] The crime by acts of amounting moral
of consummated rape absorbs acts of lasciviousnes to compulsion
lasciviousness. [People v. Tabarangao, G.R. s or intimidation or acts of
No. 116535-36, February 25, 1999] lewdness is sufficient lasciviousne
ss
Sweetheart Defense Inapplicable
For purposes of sexual intercourse and When Punishable Under RA No. 7610
lascivious conduct in child abuse cases under (Special Protection of Children Against
RA 7610, the sweetheart defense is Abuse, Exploitation and Discrimination Act)
unacceptable. A child exploited in prostitution Acts of lasciviousness is punished under RA
or subjected to other sexual abuse cannot No. 7610 when performed on a child below 18
validly give consent to sexual intercourse with years of age, exploited in prostitution or
another person. [Malto v. People, G.R. No. subjected to other sexual abuse. [REYES,
164733 (2007)] Book 2]

Page 255 of 277

U.P. BOC CRIMINAL LAW II
Elements of Lascivious Conduct under RA
No. 7610
The following elements of sexual abuse under
Sec. 5 (b) of RA 7610 must be proven in
addition to the elements of acts of
lasciviousness: [SE-18]
a. Accused commits the act of Sexual
intercourse or lascivious conduct.
b. Said act is performed with a child Exploited
in prostitution or subjected to other sexual
abuse.
c. Child, whether male or female, is below 18
years of age. [Navarrete v. People, G.R.
No. 147913 (2007)]
Additional elements, according to the IRR:
[TSIG]
a. There is intentional Touching, either directly
or through clothing, of the genitalia, anus,
groin, breast, inner thigh, or buttocks, OR
the introduction of any object into the
genitalia, anus or mouth, of any person,
b. Committed against same or opposite Sex,
c. There is Intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual
desire of any person, bestiality,
masturbation, lascivious exhibition of the
genitals or pubic area of a person.
3. Chapter III – Seduction,
Corruption of Minors and
White Slave Trade
a. Article 337 - Qualified Seduction
Seduction - enticing a woman to unlawful
sexual intercourse by promise of marriage or
other means of persuasion without use of
force. It applies when there is abuse of
authority (qualified seduction) or deceit (simple
seduction). [REYES, Book 2]
Two Classes of Seduction:
a. Seduction of a virgin over 12 years and
under 18 years of age by certain persons
such as, a person in authority, priest,
teacher or any person who, in any capacity
shall be entrusted with the education or
custody of the woman seduced.
Page 256 of 277
CRIMINAL LAW
b. Seduction of sister or descendant, whether
or not she is a virgin or over 18 years of age
Elements of (a): [VOUSA]
1. Offended party is a Virgin, which is
presumed if she is unmarried and of good
reputation;
2. She is Over 12 and Under 18 yrs. of age;
3. Offender had Sexual intercourse with her;
and
4. There is Abuse of authority, confidence, or
relationship on the part of the offender.
Elements of (b): [SiDoSBA]
1. Offended party is the Sister or Descendant
of the offender, regardless of the former’s
age or virginity;
2. Offender had Sexual intercourse with her;
and
3. Offender is her Brother or Ascendant by
consanguinity, whether legitimate or
illegitimate.
NOTES:
1. If the sister or descendant is under 12
years of age, the crime would be rape; and
2. If she is married and over 12 years of age,
it would be adultery [REYES, Book 2].
Virgin - a woman of chaste character and of
good reputation. The offended party need not
be physically a virgin because virginity is
presumed if the woman is unmarried and of
good reputation. [People v. Yap, G.R. No. L-
25176, (1968); People v. .Ramos, CA, 72 OG
8139]
Offenders in Qualified Seduction: [AER]
1. Those who abused their Authority:
a. Person in public authority
b. Guardian; or
c. Teacher
2. Person who, in any capacity, is Entrusted
with the education or custody of the woman
seduced.
3. Those who abused confidence reposed in
them:
a. Priest
b. House servant; or
c. Domestic
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

4. Those who abused their Relationship: without use

a. Brother who seduced his sister; or of force
b. Ascendant who seduced his Consent
descendant. Not a Defense; Not a
defense; if consent defense
Domestic – a person usually living under the there is given by the
same roof, pertaining to the same house. consent, it offended
[REYES, Book 2] can be party results
punished in
Not a Continuing Offense under Art. 339 consensual
The loss of virginity during the minority of the sex and is
offended party consummated the offense, and not
the virginity of a woman cannot be lost twice. punishable
Carnal relations after 18 years of age does not
constitute continuation of the offense begun b. Article 338 - Simple Seduction
when she was under 18. [People v. Bautista,
12 OG 2405] Elements: [ORSeD]
1. Offended party is Over 12 and under 18
Acts of Lasciviousness v. Attempted Rape years of age;
v. Qualified Seduction 2. She is of good Reputation, single or widow;
Acts of Attempted Qualified 3. Offender had Sexual intercourse with her;
Lasciviousne Rape Seduction and
ss [Art. 336] [Art. 266-A] [Art. 337] 4. It was committed by means of Deceit.
Offended Party
Either sex Woman Woman Deceit
(Rape by Deceit generally takes the form of unfulfilled
sexual promise of marriage and this promise need not
intercourse) immediately precede the carnal act. [People v.
Requisite of Sexual Intercourse Iman, 62 Phil 92]
Not required, Not Element of
lascivious required, the offense Promise of marriage by a married man is not a
acts are the what is deceit, if the woman knew him to be married.
final objective required is [REYES, Book 2]
sought by the that the
offender intent be to Qualified Seduction vs. Simple Seduction
lie with the Qualified Simple Seduction
victim Seduction [Art. [Art. 338]
Intent 337]
Acts Acts Enticing a Virginity
performed do performed woman to Essential element of Not an essential
not indicate clearly unlawful the crime element, it is enough
that the intent indicate that sexual that the woman is
of the the intercourse single or a widow of
accused was accused’s by promise good reputation and
to lie w/ the purpose of marriage has a chaste life
offended was to lie w/ or other [Reyes, Book II]
party. the offended means of Deceit
woman. persuasion Not an essential Essential element
element since it is

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

replaced by abuse relationship or by means of deceit. [REYES,

of confidence. Book 2]
[People v.
Fontanilla, G.R. No. Offended Party
L-25354 (1968)] Male cannot be the offended party under Art.
As to Manner of Commission 339; unlike Art. 336, it does not mention
May be committed Can be committed “persons of either sex” as the offended party.
only with abuse of even without abuse [id.]
authority, abuse of of authority, abuse
confidence or abuse of confidence or Circumstances for Seduction
of relationship abuse of relationship It is necessary that it be committed under
As to Offender circumstances which would make it qualified or
Specific offenders Any person so long simple seduction had there been sexual
such as a person in as there is deceit. intercourse, instead of acts of lewdness only.
public authority, [REYES, Book 2]
priest, house
servant, guardian, Higher Degree Imposed if Victim is Under
teacher or any 12
person entrusted When the victim is under 12 yrs., the penalty
with the education or shall be one degree higher than that imposed
keeping of the by law. [Sec. 10, RA 7610]
offended woman
seduced, a brother Acts of Lasciviousness vs. Acts of
seducing his sister, Lasciviousness with Consent
or ascendant Acts of
Acts of
seducing a Lasciviousness
Lasciviousness
descendant. with Consent
[Art. 336]
[Art. 339]
c. Article 339 - Acts of Circumstances under Which the
Lasciviousness with the Consent Crime was Committed
Committed under Committed under
of the Offended Party circumstances circumstances
which, had there which, had there
Elements: [LUA] been carnal been carnal
1. Offender commits acts of Lasciviousness or knowledge, would knowledge, would
lewdness; amount to rape amount to either
2. Acts are committed upon a woman who is a qualified or simple
virgin or single or widow of good reputation, seduction
Under 18 yrs. of age but over 12 yrs., or a Offended Party
sister or descendant, regardless of her
Offended party
reputation or age; and Offended party is a
should only be
3. Offender Accomplishes the acts by abuse of female or male
female
authority, confidence, relationship, or
deceit.
d. Article 340 - Corruption of Minors
"With the Consent of the Offended Party." (as amended by BP Blg. 92)
The offended woman may have consented to
the acts of lasciviousness being performed by Punishable Act: Promoting or facilitating the
the offender on her person, but the consent is prostitution or corruption of persons underage
obtained by abuse of authority, confidence or

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

(below 18 years old) to satisfy the lust of Prostitutes Anyone who Anyone
another. [REYES, Book 2] who, for purchases, who
money or sells, engages in
NOTES: profit, kidnaps or the
1. It is not necessary that the unchaste acts habitually detains a business or
shall have been done. What the law indulge in human profits by
punishes is the act of a pimp who facilitates sexual being for the
prostitution
the corruption of, and not the performance intercourse or purpose of or enlists
of unchaste acts upon the minor. [id.] lascivious enslaving another for
2. Victim must be of good reputation, not a conduct him the purpose
prostitute or corrupted person. [id.] of
prostitution
"To satisfy the lust of another." Consent of Woman
Because of this phrase, one who casts for his Woman Committed With or
own ends does not incur the sanction of the consented against her without
law. [id.] since she is will woman’s
the one consent
e. Article 341 - White Slave Trade habitually
engaged in
Acts Punishable: [BuPS] the act
1. Engaging in Business of prostitution
2. Profiting by prostitution 4. Chapter IV - Abduction
3. Enlisting the Services of women for the
purpose of prostitution.
a. Article 342 - Forcible Abduction
Corruption of Minors vs. White Slave Trade
Elements: [WAL]
Corruption of White Slave Trade
1. Person abducted is any Woman, regardless
Minors [Art. 340] [Art. 341]
of her age, civil status or reputation;
Minority of Victims 2. Abduction is Against her will; and
It is essential that Victim need not be a 3. Abduction is with Lewd designs.
the victims are minor
minors Abduction
Sex of Victims The taking away of a woman from her house or
May be of either sex Females the place where she may be for the purpose of
Profit carrying her to another place with intent to
Not necessarily for Generally for profit marry or corrupt her. [People v. Crisostomo,
profit G.R. No. L-19034, February 17, 1923]
Habituality
Committed by a Generally committed If Female is Under 12 years of age
single act habitually If the female abducted is under 12, the crime is
[REYES, Book 2] forcible abduction, even if she voluntarily goes
with her abductor. [Id]
White
Prostitution Slavery Slave Elements of Complex Crime of Forcible
[Art. 202] [Art. 272] Trade Abduction with Rape:
[Art. 341] 1. Abductor had carnal knowledge of the
Offender abducted women; and
2. It is committed by:
a. Using force or intimidation; or

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. When the woman is deprived of reason No There is There is

or otherwise unconscious or when the deprivation deprivation deprivation
woman is under 12 years of age or is of liberty. of liberty. of liberty
demented. [People v. Domingo, G.R. No. [REYES, Book 2]
225743, June 7, 2017]
Forcible Abduction with Rape vs.
NOTE: Primary objective of the offender must Kidnapping with Rape vs. Corruption of
not be to commit rape [id.] Minors
Forcible
Forcible Abduction with Several Acts of Abductio Kidnapping Corruption
Rape n with with Rape [Art. of Minors
While the first act of rape was being performed, Rape 267] [Art. 340]
the crime of forcible abduction had already [Art. 342]
been consummated, hence, forcible abduction As to Purpose
can only be attached to the first act of rape, Purpose Purpose is to
detached from the 3 subsequent acts of rape. Purpose is
is to deprive the
The effect therefore would be one count of to lend the
effect his victim of his
forcible abduction with rape and 4 counts of victim to
lewd liberty.
rape for each of the accused. [People v. Jose, illicit
designs
G.R. No. L-28232 (1971)] intercourse
on the
with others
victim
As to Classification
Rules on Absorption Crime Crimes
1. Forcible abduction is absorbed by rape – Crime against
against against
if main objective was to rape the victim liberty
chastity Chastity
[People v. Godines, G.R. No. 93410 [REYES, Book 2]
(1991)].
2. Attempted rape is absorbed by forcible
b. Article 343 - Consented Abduction
abduction – thus, there is no complex
crime of forcible abduction with attempted
Elements: [VOCoL]
rape. [Id]
1. Offended party is a Virgin;
3. Conviction of acts of lasciviousness is
2. She is Over 12 and under 18 yrs. of age;
not a bar to conviction of forcible
3. Offender takes her away with her Consent,
abduction. [People v. Godines, G.R. No.
after solicitation or cajolery from the
93410 (1991)]
offender;
4. Taking away is with Lewd designs.
Forcible Abduction v. Grave Coercion v.
Serious Illegal Detention
NOTE: When there was no solicitation or
Serious
Forcible Grave cajolery and no deceit and the girl voluntarily
Illegal went with the man, there is no crime committed
Abduction Coercion
Detention even if they had sexual intercourse. [REYES,
[Art. 342] [Art. 286] [Art. 267] Book 2]
As to Existence of Lewd Design
Lewd design Lewd design Complex Crime of Consented Abduction
With lewd
is not an is not an with Rape
design element element When a 15-year-old girl was induced by the
As to Deprivation of Liberty accused to leave her home and later was
forcibly violated by him, the accused is guilty of
the complex crime of consented abduction with

Page 260 of 277

U.P. BOC CRIMINAL LAW II
rape. [People v. Amante, G.R. No. L-25604,
December 6, 1926]
Crimes against Chastity where Age and
Reputation are Immaterial: [RAQF]
a. Rape [Art. 266-A];
b. Acts of lasciviousness against the will or
without the consent of the offended party
[Art. 336]
c. Qualified seduction of sister or
descendant [Art. 337]
d. Forcible abduction [Reyes, Book Two]
[Art. 342]
Crimes against Chastity where Age and
Reputation is Material: [QS-LaCA]
a. Qualified Seduction (of a virgin over 12
and under 18) [Art. 337]
b. Simple Seduction [Art. 338]
c. Acts of Lasciviousness with the Consent
of the Offended Party [Art. 339]
d. Corruption of Minors [Art. 340]
e. Consented Abduction [Art. 343]
5. Chapter V: Provisions
Relating to the Preceding
Chapters of Title 11
a. Article 344 - Prosecution of Private
Offenses
How prosecuted:
a. Adultery and Concubinage - prosecuted
upon the complaint signed by the offended
spouse.
Criminal prosecution cannot
instituted:
a. Unless both guilty parties, if both are
alive, are included; or
b. If offended party have consented or
pardoned the offenders
b. Seduction, Abduction and Acts of
Lasciviousness - prosecuted upon the
complaint signed by the offended party –
a. Even if a minor, or
Page 261 of 277
CRIMINAL LAW
b. If of legal age and not incapacitated, only
she can file the complaint.
Criminal prosecution cannot be
instituted:
a. Unless instituted by the offended party or
her parents, grandparents, or guardian;
or
b. If offender has been expressly pardoned
by the above-named persons
If a minor or incapacitated refuses to file,
either of the next succeeding persons
may file:
a. Either of the parents;
b. Either of the grandparents, maternal or
paternal;
c. Legal or judicial guardian; or
d. The state, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known
parents, grandparents or guardians.
[Rules of Court, Rule 110, Sec. 5]
NOTE: The right to file the action shall be
exclusive of all other persons and shall be
exercised successively in the order
provided above [Rules of Court, Rule 110,
Sec. 5].
Rape May be Prosecuted de officio
Rape is now a crime against persons, which
may be prosecuted de officio. [RA No. 8353,
Sec. 2]
Complex Crimes; Instituted by Public
Prosecutor
be In case of complex crimes, where one of the
component offenses is a public crime, the
criminal prosecution may be instituted by the
public prosecutor. [People v. Yu, G.R. No. L-
13780, January 28, 1961]
Effect of Marriage
1. Marriage of the offender with the offended
party in seduction, abduction, acts of
lasciviousness and rape, extinguishes
criminal action or remits the penalty already
imposed [Art. 344, RPC].
U.P. BOC CRIMINAL LAW II
2. It also extinguishes the criminal actions
against the co-principals, accomplices, and
accessories [Art. 344, RPC]
3. Marriage must be entered into in good faith.
4. Marriage may take place even after criminal
proceedings have commenced, or even
after conviction (extinguishes criminal
action and remits penalty). [REYES, Book 2]
Pardon
Pardon of the offenders by the offended party
is a bar to prosecution for adultery or
concubinage [Art. 344, par. 2]
Pardon; How Given
General rule: May be express or implied
Exception: Pardon must be express in
seduction, abduction, rape, or acts of
lasciviousness. [REYES, Book 2]
Condonation
Condonation is forgiveness based upon the
presumption and belief that the guilty party has
repented. However, any act of infidelity to the
vows of marriage, subsequent to the
condonation constitutes a new offense.
[REYES, Book 2]
b. Article 345: Civil Liability of
Persons Guilty of Crimes Against
Chastity
Those Guilty of Rape, Seduction or
Abduction shall: [IOS - AMDO]
1. Indemnify the offended woman
2. Acknowledge the Offspring, unless the law
should prevent him from doing so
3. Support the offspring, except:
a. In cases of Adultery and Concubinage
b. Where either of the offended party or
accused is Married
c. When paternity cannot be Determined,
such as in multiple rape; and
d. Other instances where the law prevents
such
Page 262 of 277
CRIMINAL LAW
Civil Liability of Adulterer and Concubine
The adulterer and the concubine can be
sentenced only to indemnify for damages
caused to the offended spouse.
● The article authorizes the imposition of
indemnity in cases of concubinage against
the concubine only, but not against the
guilty husband. [REYES, Book 2]
● The guilty wife in adultery cannot also be
sentenced to indemnify for damages
caused to the offended husband, the law
speaks of adulterer not adulteress [id.]
All the Accused must Support the Offspring
All the accused must support the offspring
since any one of them may be the father and
contributed in giving birth to the child. [id.]
Moral Damages
Moral damages may be recovered both by the
offended party and her parents. [id]
c. Article 346 – Liability of
Ascendants, Guardians, Teachers
and Other Persons Entrusted with
the Custody of the Offended Party
Persons Liable: [CETeC]
1. Persons who Cooperate as accomplices in
rape, seduction, abduction, etc. [CATAG]
a. Ascendants
b. Guardians
c. Curators
d. Teachers, and
e. Any other person, who cooperate as
accomplice with abuse of authority or
confidential relationship
2. Teachers or persons entrusted with
Education and guidance of the youth shall
be penalized with disqualification
(temporary special disqualification to
perpetual special disqualification).
3. Any person falling within the Terms of this
article, and any other person guilty of
Corruption of minors for the benefit of
another, shall be punished by special
disqualification from filling the office of
guardian. [Art. 346]
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Punished as Principals 2. She is Not 2. The 2. The

Above-mentioned persons who act as actually exchange is offender
accomplices in crimes against chastity (except pregnant Without the conceals or
adultery and concubinage) shall be punished knowledge Abandons
as principals. [RPC, Art. 346, par. 1] of the such child
respective
parents
L. CRIMES AGAINST THE CIVIL 3. She 3. The
STATUS OF PERSONS Takes offender has
another child the Intent to
as her own cause such
1. Chapter I: Simulation of on the day of child to lose
Births and Usurpation of Civil supposed its civil
delivery status
Status
[REYES, Book 2]
a. Article 347 - Simulation of Births, NOTES:
Substitution of One Child for a. Object of the crime is the creation of false,
Another, and Concealment or or the causing of loss of civil status.
Abandonment of a Legitimate [REYES, Book 2]
Child b. Unlawful sale of a child by his father is not
a crime under this article. [US v. Capillo,
Punishable Acts [SimSuCo] G.R. No. 9279 (1915)]
1. Simulation of births;
2. Substitution of one child for another; “Abandon”
3. Concealing or abandoning any legitimate It is the practice of abandoning newly born
child with intent to cause such child to lose infants and very young child at the door of
its civil status. hospitals and churches. It is leaving the child at
a public place where other people may find it
Elements: and causing the child to lose its civil status.
Mode 1: Mode 2: Mode 3: [REYES, Book 2]
Simulation Substitutio Concealing
of births n of 1 child or Other Persons Liable :
[PNT] for another Abandonin 1. The woman who simulates the birth and
[EW] g any the one who furnishes the child are both
legitimate responsible as principals. [REYES, Book 2]
child [LAI] 2. A physician or surgeon or public officer,
1.Woman 1. A child of 1. The child who cooperates in the execution of these
Pretends to a couple is is Legitimate crimes, is also liable if he acts in violation
be pregnant Exchanged of the duties of his profession or office.
with a child [REYES, Book 2]
of another
couple/ A
living child is
placed in
place of
another
woman’s
dead child

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Abandonment in Art 347 v. Abandoning a Damage not necessary Damage or

Minor in Art 246 prejudice
Concealment or is
Abandoning a
Abandonment of a necessary
Minor
Legitimate Child
[Art. 246]
[Art. 347] 2. Chapter II: Illegal Marriages
As to the Offender
One who has the
Any person
custody of the child
a. Article 349 – Bigamy
As to Intent
Elements [LeNSEs]:
To avoid obligation
To cause the child to 1. Offender has been Legally married;
of rearing and
lose his civil status 2. Marriage has Not been legally dissolved or,
caring for the child
in case his or her spouse is absent, the
b. Article 348 - Usurpation of Civil absent spouse could not yet be presumed
Status dead according to Civil Code
3. Offender contracts a Second or subsequent
Elements [RAE] marriage
1. A person Represents himself to be another 4. The second or subsequent marriage has all
2. He Assumes the filiation or the parental or the Essential requisites for validity.
conjugal rights of such another person; and
3. There is intent to Enjoy the rights arising NOTE: Bigamy does not apply to those married
from the civil status of another under the Muslim Code [PD 2083, Art 180]

Qualifying Circumstance Causes Producing Legal Dissolution of

The crime is qualified if the purpose is to
defraud the offended party or his heirs [Art.
348, RPC].
NOTE: Usurpation of profession may be
punished under this Article. [REYES, Book 2]
First Marriage
1. Death of one of the contracting parties
2. Judicial declaration annulling a void
marriage;
3. Judicial decree annulling a voidable
marriage [REYES, Book 2]

Usurpation of Civil Status v. Using Validity of Marriage

Fictitious Name v. Estafa by Deceit 1. The fact that the first marriage is void
Usurpation Using Estafa from the beginning is not a defense. As
of Civil Fictitious [Art. 315] with voidable marriage, there must be a
Status [Art. Name [Art judicial declaration of nullity of marriage
348] 178] before contracting the second marriage.
As to Intent [Mercado v. Tan, G.R. No. 137110 (2000)]
Intent to enjoy Intent is to Intent is to 2. Validity of second marriage is a
rights arising conceal a defraud prejudicial question. The second
from crime, evade another marriage must have all the essential
another’s civil the execution (estafa by requisites for validity in such a way that it
status must of a means of would have been valid were it not for the
be present judgement, or deceit) subsistence of the first marriage. If the
cause second marriage is void, there is no
damage to bigamy. [People v. De Lara, 51 OG 4079]
public interest
As to Necessity of Actual Damage However, note that declaration of nullity of
the second marriage due to psychological

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

incapacity is not a defense. Since a Defense has Burden of Proof

marriage contracted during the Once the prosecution has established that the
subsistence of a valid marriage is defendant was already married at the time he
automatically void, the nullity of the 2nd contracted the second marriage, the burden of
marriage is not per se an argument to avoid proof to show the dissolution of the first
criminal liability [Tenebro v. CA, G.R. No marriage is on the defense. [id.]
150758 (2004)]
Prescription Period
Effect of Divorce Prescription commences not from the time of
When both When one spouse commission but from the time of its discovery
spouses are is an alien by the complainant spouse. The rule of
Filipino Citizens constructive notice does not apply. [Regalado]
The divorce The Filipino spouse
obtained from is capacitated to Bigamy vs. Adultery and Concubinage
foreign courts is not remarry just as the Bigamy Adultery/Concubin
valid. A spouse who foreign spouse is [Art 349] age [Art 333/Art
remarries is still [Art. 26, Family 334]
liable for bigamy. Code] Thus after As to Nature of the Offense
obtaining a divorce, Public Offense, Private offense,
One who contracts a the Filipino spouse crime against status crime against
second marriage may contract a chastity
believing he was second marriage As to Effect of Pardon
lawfully divorced without being liable No effect Bars prosecution
may be liable for for bigamy. As to Who May Prosecute
bigamy through At the instance of Only at the instance
reckless imprudence the State; thus it is of the offended party
[People v. immaterial who
Schneckenburger, initiates the action.
G.R. No. 2457 As to Who should be Impleaded
(1938)] The offending Both the guilty
[REYES, Book 2] spouse. The parties must be
second/subsequent impleaded (the
Bigamy and Concubinage spouse is not offending spouse
One convicted of bigamy may also be necessarily liable for and the other party).
prosecuted for concubinage as both are the crime of bigamy
distinct offenses. The first is an offense against and whether he/she
civil status, which may be prosecuted at the should be included
instance of the state; the second is an offense in the information
against chastity, and may be prosecuted only will be determined
at the instance of the offended party. [REYES, by the fiscal
Book 2] conducting the
preliminary
Persons Liable as Accomplices investigation.
If they have knowledge of the first marriage, the [People v. Schneckenburger, G.R. No 48183
following are liable as accomplices: [SW] (1941)]
1. Second Spouse; and
2. Witness who falsely vouches for the
capacity of the contracting parties [id.]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

b. Article 350 - Marriage Contracted

against Provisions of Laws M.CRIMES AGAINST
HONOR
Elements [CK-ND]:
1. Offender Contracted marriage; and
2. He Knew at the time that:
1. Chapter I – Libel
a. Requirements of the law were Not
complied with; or SECTION 1. DEFINITION, FORMS, AND
b. Marriage was in Disregard of a legal PUNISHMENT OF THIS CRIME
impediment.
a. Article 353 - Libel
NOTE: Offender must not also be guilty of
bigamy [id.] NOTE: Defamation is the proper term for libel
as used in Art. 353 [REYES, Book 2]
Qualifying Circumstance
The crime is qualified when the consent of the Defamation - Includes libel and slander,
other party was obtained through violence, means the offense of injuring a person's
intimidation, or fraud [Art. 350]. character, fame or reputation through false and
malicious statements. [id.]
c. Article 351 - Premature Marriage
Libel vs. Slander
(Repealed by RA No. 10655)
Libel Slander
[Art. 355] [Art. 358]
NOTE: This provision has been when
Defamation
President Benigno Aquino III signed into law
committed by means
RA 10655 (Act Repealing Art. 351 of the RPC),
of writing, printing,
thus decriminalizing the said article.
lithography,
engraving, radio,
d. Article 352 - Performance of Illegal phonograph,
Marriage Ceremony painting or theatrical
Oral defamation
or cine- matographic
Elements [AP] exhibition, or any
1. Offender is Authorized to solemnize similar means
marriages
2. He Performs or authorizes any illegal NOTE: There is no
marriage ceremony distinction between
calumny, insult and
Persons Liable [PC] libel.
The following can be held liable for performing [REYES, Book 2]
or authorizing any illegal marriage ceremony:
1. Priests or ministers of any religious Defamation vs. Seditious Libel
denomination or sect, or Libel Seditious Libel
2. Civil authorities [REYES, Book 2] [Art. 355] [Art. 142(3)]
As to Acts Committed
NOTE: If the offender is not so authorized to
Committed by Committed by
solemnize marriages, he is liable under Art
means of writing, writing, publishing
177, Usurpation of Authority [REYES, Book 2]
printing, lithography, or circulating
radio, phonograph, scurrilous libels.
painting or theatrical

Page 266 of 277

U.P. BOC CRIMINAL LAW II CRIMINAL LAW

or cine- matographic
exhibition, or any Exception: Sending a letter in a sealed
similar means envelope through a messenger, is not
As to the Offended Party publication. [Lopez vs. Delgado, G.R. No. L-
Government or any 3499, (1907)]
of its duly
Any person/s 3. Imputation was Malicious.
constituted
authorities
As to the Effect Malice in Fact vs. Malice in Law
Injures the person's Disturbs public Malice in Fact Malice in Law
character, fame or peace. As to Proof Required
reputation through Proof of malice or ill- Proof of malice is
false and malicious will must be proved. not required,
statements Thus, it may be because it is
shown by proof of ill- presumed to exist
Elements under Art. 353: [IPMaD-DDC] will, hatred or from the
1. That there must be an Imputation of a purpose to injure. defamatory
crime, or of a vice or defect, real or imputation.
imaginary, or any act, omission, status or Presumption
circumstance; Malice is not Presumed from a
presumed since, it is defamatory
Imputation covers: [CVA] a positive desire or imputation.
a. Crime allegedly committed by offended an intention to
party; annoy or endure. Exception:
b. Vice or defect, real or imaginary of offended When
party; or communication is
c. Any Act, omission, condition, status of, or privileged, malice is
circumstance relating to the offended party. not presumed.
As to Proof of
Imputation of criminal intention is not Good Intention and Justifiable Motive
libelous. When malice in fact Upon proof of good
Intent to commit a crime is not a violation of is present, justifiable intention and
the law. This is more so, when it is a mere motive cannot exist, justifiable motive,
assertion or expression of opinion as to and the imputations even if the
what will be the future conduct of another. become actionable. publication is
[REYES, Book 2] injurious, the
presumption of
2. Imputation was made Publicly; malice disappears.
[REYES, Book 2]
Publication
Communication of the defamatory matter to 4. Imputation was Directed to: [NJD]
some third person or persons. [REYES, Book a. a Natural; or
2] b. Juridical person; or
c. One who is Dead.
Sending a Letter is Sufficient Publication
General Rule: Writing a letter to another Identification of Offended Party Required
person other than the person defamed is In order to maintain a libel suit, it is essential
sufficient to constitute publication [Orfanel vs. that the victim be identifiable, although it is not
People, G.R. No. L-26877, (1969)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

necessary that he be named. [Corpus vs.

Cuarderno, Sr., G.R. No. L-16969, (1966)] b. Art. 354 – Requirement of Publicity
When defamatory Statements are Presumption of Malice
addressed to a Number of People General Rule: Every defamatory imputation is
General Rule: Defamatory remarks directed at presumed to be malicious, even if it be true, if
a group of persons is not actionable. no good intention and justifiable motive for
making it is shown. [Art. 354(1), RPC]
Exceptions:
1. Statements are sweeping or all-embracing Rebuttal of Presumption
as to apply to every individual in that group Presumption of malice may be rebutted, if it is
or class [id.]; shown by the accused that: [TIJ]
2. Sufficiently specific so that each victim to be 1. Defamatory imputation is True, in case the
identifiable. [Newsweek vs. IAC, G.R. No. L- law allows proof of the truth of the
63559, (1986)] imputation;
3. If the utterance is made against a number of 2. It is published with good Intention; and
people, designated by their common 3. There is Justifiable motive for making it.
surname, not separately mentioned, then [REYES, Book 2]
there is only one offense. [People vs.
Aquinoc, 35 OG 8844, (1966)] Exception: Malice is not presumed in
4. Imputation tends to cause Dishonor, privileged communications:
Discredit or Contempt of the person
defamed. [REYES, Book 2] Types of Privileged Communication
Privileged
Dishonor vs. Discredit vs. Contempt Communicatio Requisites:
Dishonor Discredit Contempt n (PC)
Disgrace, Loss of State of 1. The person who
shame or credit or being made the
ignominy reputation; despised communication had a
disesteem legal, moral or social
[REYES, Book 2] Duty to make the
PC 1: Private communication, or,
Construction of Words Communicatio at least, he had an
1. Meaning of the writer is immaterial; what n Made to interest to be upheld;
is taken into consideration is the meaning Another in the 2. Communication is
that the words conveyed on the minds of Performance addressed to an
persons of reasonable understanding, of a Legal, Officer or a board, or
discretion and candor, taking into Moral or Social superior, having
consideration the surrounding Duty some interest or duty
circumstances which were known to the [DOF] in the matter; and
hearer or reader [People vs. Encarnacion, [Art. 354(1)] 3. The statements in
CA, 48 OG 1817] the communication
2. Words are to be construed in their are made in good
entirety and taken in their plain, natural Faith without malice
and ordinary meaning, as they would (in fact). [Reyes,
naturally be understood by persons reading Book Two]
them, unless it appears that they were used 1. It is a fair and true
and understood in another sense. [Novicio PC 2: Fair and
Report of a judicial,
vs. Aggabao, G.R. No. 141332, (2003)] true report of
legislative, or other

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Official official proceedings 2. Communication may also be in a public

Proceedings which are not of
[RFC] confidential nature, or
[Art. 354(2)] of a statement, report
or speech delivered in
said proceedings, or
of any other act
performed by a public
officer in the exercise
of his functions;
2. It is made in good
Faith; and
3. It is without any
Comments or
remarks.
[REYES, Book 2]
Actionable Privileged Communication
General Rule: The fact that a communication
is privileged does not mean that it is not
actionable; the privileged character simply
does away with the presumption of malice,
which the plaintiff has to prove in such a case.
[Lu Chu Siong vs. Lu Tian Chong, G.R. No. L-
122, (1946)]
document. [id.]
3. That the statement is a privileged
communication is a matter of defense - A
privileged communication is a matter of
defense and, like all other matters of
defense, must be established by the
accused. [REYES, Book 2]
Exception: When in the information itself it
appears that the communication alleged to
be libelous is contained in an appropriate
pleading in a court proceeding, the privilege
becomes at once apparent and defendant
need not wait until the trial and produce
evidence before he can raise the question
of privilege. [People vs. Andres, G.R. No. L-
14548, (1960)]
4. Defense may be overcome when the
prosecution shows that: [MT]
a. Defendant acted with Malice in fact; or
b. There is no reasonable ground for
believing the charge to be True. [REYES,
Book 2]

Exception: Absolute Privileged Under PC 2: Fair and True Report of Official

Communication is not actionable even if made
in bad faith. Absolute privileged communication
is specifically recognized in the Constitution –
it pertains to statements made in official
proceedings of Congress by members thereof,
as part of their parliamentary immunity
[REYES, Book 2].
Under PC 1: Private Communication Made
to Another in the Performance of a Legal,
Moral or Social Duty [Art. 354(1)]
1. Accusation must be made in private
communication. Thus, in a case where the
accused aired them in a public meeting
instead of making the accusations in
private, it is held that is not privileged.
[People vs. Jaring, C.A., 40 O.G. 3683]
NOTE: Unnecessary publicity destroys
good faith. [REYES, Book 2]
Proceedings [Art. 354(2)]
1. Communication must be pertinent and
material to the subject matter. It does not
protect any unnecessary defamation.
[REYES, Book 2]
2. Only matters "which are not of
confidential nature" may be published -
when the court, in any special case, has
forbidden the publication of certain records
in the interest of morality or decency the
same should not be published. [id.]
NOTE: Privilege has been strictly limited to
cases in which the right of access is secured
by law [id.]
Enumeration under Art. 354 is Not an
Exclusive List of Qualifiedly Privileged
Communication

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

It is rendered more expansive by the performance of his

Constitutional guarantee of freedom of the public duties, and
press. [Borja vs. CA, G.R. No. 126466, (1999)] falsely charges him
1. Doctrine of Fair Comment - while in with evil motives,
general every discreditable imputation clearly designed to
publicly made is deemed false, because destroy his
every man is presumed innocent until his reputation or
guilt is judicially proved, and every false besmirch his name.
imputation is deemed malicious,
nevertheless, when the discreditable c. Art. 355 – Libel by Means of
imputation is directed against a public Writings or Similar Means
person in his public capacity, it is not
necessarily actionable. [Borja vs. CA, id.]
Libel is Committed by Means of:
[WET-CAP-PPLR]
2. Statements made in self defense or in 1. Writing;
mutual controversy are often privileged 2. Engraving;
[People vs. Baja, CA 40 OG] 3. Theatrical exhibition;
4. Cinematographic exhibition;
3. The person libeled is justified to hit back 5. Any similar means;
with another libel [REYES, Book 2] 6. Printing;
7. Phonograph;
General Rule: The defamatory statements 8. Painting;
made by the accused must be a fair answer 9. Lithography; or
to the libel made by the supposed offended 10. Radio
party and must be related to the imputation
made. [id.]
Permanent Nature of Publication
The word "radio" used in said Art. 355, should
Defamatory Remarks against Public be considered in relation to the terms with
Officers which it is associated, all of which have a
General Rule: Defamatory remarks and common characteristic, namely, their
comments on the conduct or acts of public permanent nature as a means of publication.
officers which are related to the discharge of Thus, defaming through an amplifier
their official duties will not constitute libel is the constitutes the crime of oral defamation or
defendant proves the truth of the imputation. Slander under Art. 358. [People vs. Santiago,
[id.] G.R. No. L-17763]
Exception: Any attack upon the private Similarly, although the medium of television is
character of the public officer on matters which not expressly mentioned, it easily qualifies
are not related to the discharge of their official under the general provision "or any similar
functions may constitute libel. [People vs. Del
means." [REYES, Book 2]
Fierro, G.R. No. 3599-R, (1950)]
Libelous Remarks in the Heat of Passion;
Criticism vs. Defamation [REYES, Book 2]
Considered Threat not Libel
Criticism Defamation [Art. In such case, the offense committed is clearly
353] and principally that of threats; the statements
Deals only with such Follows a public derogatory to a person named do not constitute
things as shall invite officer into his an independent crime of libel. [People vs.
public attention or private life which Yebra, G.R. No. L-14348, (1960)]
call for public has no connection
comment. with the

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

d. Art. 356 – Threatening to Publish e. Art. 357 – Prohibited Publication of

and Offer to Prevent such Acts Referred to in the Course of
Publication for a Compensation Official Proceedings

Punishable Acts: [TP] Elements: [REMPO]

1. Threatening another to publish a libel 1. Offender is a:
concerning him, or his parents, spouse, a. Reporter;
child, or other members of his family. b. Editor; or
2. Offering to Prevent the publication of such c. Manager of a newspaper daily or
libel for compensation, or money magazine.
consideration. 2. He publishes facts connected with the
Private life of another; and
NOTE: Acts under this article may be known as 3. Such facts are Offensive to the honor, virtue
blackmail. [REYES, Book 2] and reputation of said person.

Blackmail NOTE: Prohibition applies even if such

May be defined as any unlawful extortion of publication is made in connection with or under
money by threats of accusation or exposure. the pretext that it is necessary in the narration
● Two words are expressive of the crime — of any judicial or administrative or judicial
hush money. [U.S. vs. Eguia, et al., G.R. proceeding.
No. 13540, (1918)]
Art. 357 constitutes the so-called "Gag
Felonies Wherein Blackmail is Possible: Law."
[LT] Newspaper reports on cases pertaining to
1. Light threats. (Art. 283) adultery, divorce, issues about the legitimacy
2. Threatening to publish, or offering to of children, etc., will necessarily be barred from
prevent the publication of, a libel for publication. [REYES, Book 2]
compensation. (Art. 356)
Revelation of Source of News
Light Threats vs. Threatening to Publish or General Rule: The publisher, editor, columnist
Prevent Publication or duly accredited reporter of any newspaper,
Light Threats Threatening to magazine or periodical of general circulation
[Art. 283] Publish or cannot be compelled to reveal the source of
Preventing any news report or information appearing in
Publication
said publication [Sec. 1, RA 1477]
[Art. 356]
As to the Act Committed
Exception: When the court or a House or
Offender threatens 1. Threatens another
another to commit an to publish a libel; or committee of Congress finds that such
act which does not 2. Offering to prevent revelation is demanded by the security of the
amount to a crime a publication of a State. [id.]
libel
As to Demand for Money f. Art. 358 – Slander
Demand for money or Demanding money or
imposition of any asking for monetary Slander (Oral Defamation)
condition is an compensation is Libel committed by oral or speaking of base
essential element essential in Mode 2
(Offer to Prevent). and defamatory words which tend to prejudice
another in his reputation, office, trade,
business or means of livelihood. [Villanueva vs.
People, G.R. No. 150351, (2006)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

NOTE: Slander need not be heard by the Examples of Slander by Deed

offended party. There is oral defamation, 1. Slapping the face of another - slander by
even if other persons and not the offended deed if the intention of the accused is to
party heard the slanderous words, because a cause shame and humiliation. [People vs.
person's reputation is the estimate in which Delfin, G.R. Nos. L-15230 & L-15979-81,
others hold him [REYES, Book 2] (1961)]
2. Pointing “dirty finger” or flipping off
Kinds of Oral Defamation: [SG] someone is simple slander by deed – the
1. Simple slander act connotes the phrase "Fuck You," which
2. Grave slander (when it is of a serious and is similar to the expression "Puta" or
insulting nature). [REYES, Book 2] "Putang Ina mo," in local parlance. While it
may have cast dishonor, discredit or
Factors Affecting Gravity of Slander: contempt, said act is not of a serious
[EPCS] nature. [Villanueva vs. People, G.R. No.
1. Expressions used 160351, (2006)]
2. Personal relations of the accused and the
offended party Maltreatment by Deed vs. Slander by Deed
3. Circumstances surrounding the case; and Maltreatment by Slander by Deed
4. Social Standing and position of the Deed [Art. 356]
offending party [id.] [Art. 266]
As to the Act Punished
“Putang ina mo” is a common expression Ill-treatment of Any act performed
The words, "Agustin, putang ina mo" is a another by deed, on another, not
common expression in the dialect that is often without causing any being included in
employed not really to slander but rather to injury any other crime of
express anger or displeasure. It is seldom, if honor, in the
ever, taken in its literal sense. [Reyes vs. Ex. Slapping of face presence of others,
People, G.R. No. L-21528 (1969)] without intent to which dishonors,
cause dishonor discredits or causes
g. Art. 359 – Slander by Deed contempt to another
party.
Elements: [NP-DDC]
1. Offender performs any act Not included in Ex. Slapping with
any other crime against honor. intent to cause
2. Such act is performed in the Presence of dishonor
other person or persons. As to Humiliation/Shame
3. Such act casts Dishonor, Discredit or Suffering of shame Offended party
Contempt upon the offended party. or humiliation is not suffered from shame
[REYES, Book 2] required. or humiliation
caused by the
Kinds of Slander by Deed: maltreatment.
1. Simple slander by deed, and As to Intent to Dishonor
2. Grave slander by deed (of a serious nature). Not Required Required
[id] [REYES, Book 2]

NOTE: Gravity is affected by the social

standing of the offended party, the
circumstances under which the act was
committed, the occasion, etc. [id]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Unjust Vexation vs. Acts of Lasciviousness 3. Editor or business Manager of a daily

vs. Slander by Deed newspaper, magazine or serial publication.
Unjust Acts of Slander by 4. Owner of the printing plant which publishes
Vexation Lasciviousnes Deed a libelous article with his consent and all
[Art. s [Art. 356] other persons who in any way participate in
287] [Art. 336] or have connection with its publication.
As to the Act Punished [REYES, Book 2]
Act which The Any act
does not commission of performed on Venue [Art. 360(3), RPC]
produce a lewd act to another, not The criminal and civil actions for damages in
material a person of being case of written defamations shall be filed
physical either sex with included in simultaneously or separately with the RTC of
harm, but force, or any other the province or city: [PR]
unjustly deprivation of crime of 1. Where the libelous article is Printed and
annoys or reason or honor, in the first published; or
vexes fraudulent presence of 2. Where any of the offended parties actually
another machination others, which Resides at the time of the commission of
or when the dishonors, the offense.
victim is under discredits or
12 years causes Venue when Party is a Public Officer v.
contempt to Private Individual
another Public Officer Private Individual
party. 1. If officer holds Action shall be filed
As to Intent his office in the before:
To annoy To commit a To humiliate City of Manila – 1. CFI of the
or vex lewd act; no or dishonor the action shall province or city
intent to have be filed before: where he
sexual a. CFI of the actually resides
intercourse. City of at the time of the
[REYES, Book 2] Manila; or commission of
b. City or the offense or
NOTE: Kissing a girl in public and touching her province 2. Where the
breast without lewd designs, committed by a where the libelous matter is
rejected suitor to cast dishonor on the girl was libelous printed and first
held to be slander by deed and not acts of article is published. [Art.
lasciviousness. [People vs. Valencia, CA-G.R. printed and 360 (3), RPC]
No. 4136-R, (1950)] first
published.
SECTION 2. GENERAL PROVISIONS 2. If the public
officer does not
h. Art. 360 – Persons Responsible for hold office in the
City of Manila –
Libel
the action shall
be filed before:
Persons Liable: [PEMO]
a. CFI of the
1. Person who Publishes, exhibits or causes
province or
the publication or exhibition of any
city where he
defamation in writing or similar means.
held office at
2. Author or Editor of a book or pamphlet.
the time of
commission

Page 273 of 277

U.P. BOC CRIMINAL LAW II
of the offense
or
b. Where the
libelous
article is
printed and
first
published.
[Art. 360 (3),
RPC]
NOTE: Civil action shall be filed in the same
court where the criminal action is filed and vice
versa. Moreover, court where the criminal
action or civil action for damages is first filed
shall acquire jurisdiction to the exclusion of
other courts [Art. 360(3), RPC].
i. Art. 361 – Proof of Truth
Proof of Truth is admissible in any of the
following instances: [CG]
1. When the act or omission imputed
constitutes a Crime regardless of whether
the offended party is a private individual or
a public officer.
2. When the offended party is a Government
employee, even if the act or omission
imputed does not constitute a crime,
provided, it is related to the discharge of his
official duties. [REYES, Book 2]
Requisites to be Considered as Defense in
Defamation. Under Art. 361 (1), proof of the
truth is not enough, it must also be proven that:
[TMJ]
1. The matter charged as libelous is True;
2. It was published with good Motives; and
3. It was published for Justifiable ends [Art.
361, RPC]
Mitigation of Damages
Damages may be mitigated when:
1. There is a retraction published, which must
contain an admission of the falsity of the
libelous publication and evince a desire to
repair the wrong occasioned thereby
[Sotelo Matti v. Bulletin Publishing, G.R.
No. L-11202, (1918)]
Page 274 of 277
CRIMINAL LAW
2. That the publication of the article was an
honest mistake is not a complete defense
but serves only to mitigate damages where
the article is libelous per se. [REYES, Book
2.]
Direct Evidence
The proof of the truth of the accusation cannot
be made to rest upon mere hearsay, rumors or
suspicion. It must rest upon positive, direct
evidence upon which a definite finding may be
made by the Court. [U.S. vs. Sotto, G.R. No.
13990, (1918)].
j. Art. 362 – Libelous Remarks
Libelous remarks or comments connected with
the matter privileged under the provisions of
Article 354 (Requirement for Publicity), if made
with malice, shall not exempt the author thereof
nor the editor or managing editor of a
newspaper from criminal liability. [Art. 362,
RPC]
Example: The author or the editor of a
publication who distorts, mutilates or discolors
the official proceedings reported by him, or add
comments thereon to cast aspersion on the
character of the parties concerned, is guilty of
libel, notwithstanding the fact that the
defamatory matter is published in connection
with a privileged matter. [REYES, Book 2]
2. Chapter II – Incriminatory
Machinations
a. Art. 363 – Incriminating Innocent
Persons
Elements: [PIIN]
1. Offender Performs an act;
2. By such act he directly Incriminates or
imputes to an Innocent person the
commission of a crime; and
3. Such act does Not constitute perjury.
NOTE: This article is limited to "planting"
evidence and the like, which tends to cause
U.P. BOC CRIMINAL LAW II CRIMINAL LAW

false prosecution. [People vs. Rivera, G.R.
Nos. L-38215 & 38216, (1933)]
The two offenses form a complex crime, as the
two acts imputed to the accused had closely
followed each other, and that the former was a
necessary means to commit the latter, which is
only one crime. [People vs. Alagao, et al., G.R.
No. L-20721, (1966)]
b. Art. 364 – Intriguing Against Honor
Elements: [IB]
1. Offender makes an Intrigue; and
2. Principal purpose of such intrigue is
Blemishing the honor or reputation of
another
Intriguing Against Honor
Any scheme or plot designed to blemish the
reputation of a person by means which consist
of some trickery.
● Akin to slander by deed, in that the offender
does not avail directly of written or spoken
words, pictures or caricatures to ridicule his
victim but of some ingenious, crafty and
secret plot, producing the same effect.
[REYES, Book 2

Incriminating Innocent Persons vs. Perjury by Making False Accusation

Intriguing Against Incriminating Perjury by Making Defamation Slander
Honor Against Persons False [Art. 353] [Art. 358]
[Art. 364] [Art. 363] Accusations
[Art. 183]
Gravamen of the Offense
Offender makes an Offender directly False imputation is Imputation made must be
intrigue to blemish incriminates or made before a public and malicious, and
the honor or imputes to an competent person calculated to cause the
reputation of innocent person the authorized to dishonor, discredit or contempt
another commission of a administer an oath, of the aggrieved party.
crime, but does not in cases in which
avail himself of the law requires.
written or spoken
words in
besmirching the
victim's reputation.
As to the Manner of Commission
Consists of some Limited to the act of Involves giving of Involves the Oral or
tricky and secret planting evidence false statement imputation of spoken
plot. and the like, in order under oath or the a crime, or a imputation of
to incriminate an making of a false vice or defect, a crime, or a
innocent person. affidavit, imputing real or vice or defect,
to a person the imaginary, or real or
commission of a any act or imaginary, or
crime. omission or any act or
status. omission or
status
As to the Source of Derogatory Remarks
Source cannot be
Source can be determined
determined
[REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Reckless v. Simple Imprudence

Reckless Simple
N. QUASI-OFFENSES Imprudence Imprudence
[FaV-MD-P] [PN]
1. Offender does or 1. There is lack of
Fails to do an Precaution
1. Sole Chapter act; displayed by the
2. The doing of or offender;
a. Art. 365 – Criminal Negligence the failure to do 2. Damage
that act is impending to be
Punishable Acts: [RSPF] Voluntary; caused is Not
1. Committing through Reckless imprudence 3. It was without immediate nor is
any act which, had it been intentional, would Malice; the danger
constitute a grave or less grave felony or 4. Material clearly manifest.
light felony. Damage results.
2. Committing through Simple imprudence or 5. There is
negligence an act which would otherwise inexcusable lack
3. a grave or a less serious felony. of Precaution on
4. Causing damage to the Property of another the part of the
through reckless imprudence or simple offender, taking
imprudence or negligence. into
5. Causing through simple imprudence or consideration
negligence some wrong which, if done his: [EDO]
maliciously, would have constituted a light a. Employment
Felony. [Art. 365, RPC] or
NOTE: Imprudence or negligence is not a occupation;
crime in itself; it is simply a way of committing b. Degree of
a crime. [REYES, Book 2] intelligence,
physical
Qualifying Circumstance condition;
Failing to lend help is a qualifying and
circumstance. [Art. 365, RPC] c. Other
circumstance
Imprudence vs. Negligence s regarding
Imprudence Negligence persons, time
As to the Nature of the Action and place.
Deficiency of action Deficiency of [REYES, Book 2]
or failure in perception or failure
precaution in advertence NOTE: There must be injury to person/s or
To Avoid the Wrongful Acts damage to property as a result of the
By taking the By paying proper imprudence [id.]
necessary attention and using
precaution once due diligence in Test of Negligence – Picart Test
they are foreseen. foreseeing them. Would a prudent man, in the position of the
As to Effect person to whom negligence is attributed,
Both are merely means of committing a foresee harm to the person injured as a
crime, thus are not crimes in themselves. reasonable consequence of the course about
[REYES, Book 2] to be pursued? If so, the law imposes a duty on
the actor to refrain from that course or to take
precaution against its mischievous results, and

Page 276 of 277

U.P. BOC CRIMINAL LAW II
the failure to do so constitutes negligence.
[Picart vs. Smith, G.R. No. L-12219, (1918)]
Concurrent Negligence
Where the concurrent or successive negligent
acts or omission of two or more persons,
although acting independently of each other
are, in combination, the direct and proximate
cause of a single injury to a third person, and it
is impossible to determine in what proportion
each contributed to the injury, either is
responsible for the whole injury, even though
his act alone might not have caused the entire
injury. [REYES, Book 2]
Doctrine of Last Clear Chance
A person who has the last clear chance or
opportunity of avoiding an accident,
notwithstanding the negligent acts of his
opponent or that of a third person imputed to
the opponent is considered in law solely
responsible for the consequences of the
accident [Bustamante vs. CA, G.R. No. 89880,
(1991)]
Emergency Rule
An automobile driver who, by the negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid a collision or
injury is not guilty of negligence if he makes
such a choice which a person of ordinary
prudence placed in such a position might make
even though he did not make the wisest choice.
[REYES, Book 2]
Requisites for the Emergency Rule to
Apply:
The situation must be: [SDN]
1. Sudden and unexpected;
2. Deprive him of all opportunity for
deliberation; and
3. It must be such that the actor must have No
knowledge that unusual consequences may
result from his act [id.]
Medical Negligence - Test
Whether or not a physician has committed an
"inexcusable lack of precaution" in the
treatment of his patient is to be determined
Page 277 of 277
CRIMINAL LAW
according to the standard of care observed by
other members of the profession in good
standing under similar circumstances bearing
in mind the advanced state of the profession at
the time of treatment or the present state of
medical science. [Cruz vs. CA, G.R. No.
122445, (1997)]
Reckless Imprudence is a Single Crime
Its consequences on persons and property are
material only to determine the penalty, thus
prior conviction or acquittal of reckless
imprudence bars subsequent prosecution for
the same quasi-offense. [Ivler vs. Modestor-
San Pedro, G.R. No. 172716, (2010)]
Penalties provided in Art. 365 are not
applicable in the following cases: [PA]
1. When the Penalty provided for the offense
is equal to or lower than those provided in
the first 2 paragraphs of Art. 365;
2. When by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused [REYES,
Book 2]
The following provisions does not apply to
acts penalized under Art. 365:
1. Art. 64; Art. 64 relative to mitigating and
aggravating circumstances is not
applicable to crimes committed through
negligence. [People vs. Medroso, Jr., G.R.
No. L-37633, (1975)]
2. Art. 48; Art. 48 is a procedural device
allowing single prosecution of multiple
felonies meanwhile Art. 365 is a
substantive rule penalizing not an act
defined as a felony but "the mental attitude
behind the act, the dangerous
recklessness, lack of care or foresight”.
There is a single mental attitude regardless
of the resulting consequences. Thus, Art.
365 was crafted as one quasi-crime
resulting in one or more consequences.
[REYES, Book 2.]
NOTE: Contributory negligence is not a
defense but only mitigates criminal liability.
[REYES, Book 2]